DEFECTIVE DRUGS & MEDICAL DEVICES

Sometimes the medicines and medical devices intended to help people and prolong our lives, wind up doing more harm than good.

Defective Medical Devices Lawyer

If you or a loved one has been injured or killed as a result of a defective medical device or drug, contact Perkins Law Offices

Manufacturing pharmaceuticals and medical equipment is big business. Billions of dollars are at play in these industries, therefore sometimes corporations put profits over safety. This is precisely what happened in December 2006 to a young man with muscular dystrophy when his ventilator malfunctioned due to a design and maintenance defect resulting in his untimely death.

Have You Been Impacted By A Defective Medical Device Or Drug?

Mr. Perkins’ flew in a renown medical technology expert from San Antonio, Texas who downloaded the ventilator’s black box called electric programmable memory. This blackbox download at the joint inspection of the ventilator helped to prove the time line of events, the lack of maintenance and the product defects.

Alex Perkins’ persistent discovery requests and video taped depositions revealed that not only did the defective medical device not receive its proper preventive maintenance, but that the FDA and manufacturer had received thousands of complaints about battery and alarm malfunctions for years that went without proper corrective and preventive action by the manufacturer. In many instances the ventilators were returned to the manufacturer who said the malfunction could not be duplicated back at the factory. This is akin to giving the gun back to the murderer during a murder investigation. After several years of hotly contested litigation, this product liability, wrongful death lawsuit was settled for $2,500,000.

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Contact us if you or a loved one have been injured, ill, or died due to defective drugs or medical devices!

Attorney Alex Perkins has been a Miami personal injury lawyer for 15 years and has handled just about every type of personal injury case. If you or a loved one was injured as a result of defective drugs, call Attorney Alex Perkins at 305-741-LAWS(5297) or email him at info@PerkinsLawOffices.com for a free confidential case review.

Miami Defective Medical Device Lawyer: Get Legal Help

If you or a loved one have suffered complications or been harmed from the use of a defective medical device and wish to seek compensation and legal advice, it is critical that you seek the assistance of a qualified lawyer specializing in defective medical device cases. 

Defective medical device lawyers have extensive knowledge and expertise in this complex area of personal injury law and can provide you with the legal representation you need to navigate this challenging process, and secure a fair settlement that reflects the damages and loss you suffered. These specialized lawyers possess a deep knowledge of relevant laws pertaining to product liability and are equipped with the strategies required to build a strong case on your behalf. Perkins Law Offices is an expert in this area and our legal team is ready to help you.

Perkins Law Offices has the best team of personal injury lawyers that can help you. With over 20 years of experience, our legal team has skills in a wide range of personal injury law, from car accidents to wrongful death, to boating accidents, to cases involving defective medical devices. We can help you pursue fair compensation for medical expenses, emotional distress, lost wages, and other damages. Perkins Law Offices can provide valuable guidance on potential settlement amounts based on compensations awarded in similar cases, for example, the Stryker hip replacement lawsuit settlement. Our extensive knowledge and expertise in navigating complex legal procedures will greatly increase your chances of receiving fair compensation for your injuries and complications resulting from the use of faulty devices. 

How To Choose The Best Defective Medical Device Lawyer

Having a competent defective medical device attorney on your side is essential. There is considerable complexity in working with lawsuits against large pharmaceutical or medical device companies and their teams of lawyers. If successful, settlements for suffering and loss due to defective medical devices, such as faulty hip replacements, can vary depending on the severity of injuries sustained and the impact on the affected individual’s quality of life. 

When faced with the daunting task of choosing the best lawyer for your defective medical device case, consider the following important factors: 

 

  • Experience and specialization

The experience and knowledge of the lawyer handling your defective medical device lawsuit is the most important factor to consider. An experienced attorney who has dealt with similar cases has the knowledge, expertise, and strategic approach required to navigate the complexities of these types of lawsuits. With an experienced and knowledgeable attorney on your side, you can have more confidence that your claim will result in your favour, you will be awarded a fair settlement, and your claim will be settled quickly. See some of the cases the knowledgeable defective medical device lawyers at Perkins Law Offices have worked on.

 

  • Track record and success rate

Compare the track record and success rates of a several lawyers and law firms. Look for information on previous defective medical device settlements or verdicts they have achieved. Reviewing past cases they have handled can provide valuable insight into their ability to secure favourable client outcomes, and their skills at negotiating fair compensation for their clients. The Perkins Law team has recovered over $2.5 million for victims impacted by defective medical devices. 

 

  • Resources and network 

Defective medical device lawsuits often require extensive investigations, expert testimonies, and substantial evidence gathering. Therefore, it is vital that your attorney has access to reliable experts in relevant fields who can effectively support your case. The reputation of a lawyer or law firm should also be taken into account in your selection process. Look for testimonials from previous clients who have had positive experiences with defective medical device lawyers. A good reputation reflects the lawyer’s professionalism and indicates their commitment to delivering quality legal representation. The Perkins Law Offices is a leader in this area of law.

When choosing a lawyer, it is crucial to find someone who communicates effectively and demonstrates genuine empathy towards your situation. They should be readily available to address any concerns or queries you may have throughout the legal process. A responsive and compassionate attorney will ensure that you feel supported and well-informed every step of the way. At Perkins Law Offices, we advocate for your interests.

Common Defective Medical Device Complications

Complications resulting from the use of a defective medical device can range from mild to life-threatening. Such complications occur when a medical device malfunctions, fails to function as intended, or causes harm to the patient. The patient may experience pain, infection, organ damage, disfigurement, and even death. The consequences of a defective medical device can be devastating to the patient and their families. 

Common Complications Caused by Defective Medical Devices

Infection

When a device such as a hip replacement or knee implant becomes contaminated or fails to integrate properly with the body’s tissues, it can lead to severe infections. These infections may require extensive medical treatment including antibiotic therapy, surgical debridement (removal of infected and dead tissue), and/or removal and replacement of the defective device. In some cases, the infection can occur as a local infection but become systemic and spread throughout the body, posing significantly greater health risks.

Mechanical Failure 

In the case of a hip replacement or knee implant, if the materials used in the manufacture of the device are substandard or if there is a design flaw in the device itself, the faulty product may cease to function, or not function as intended, due to mechanical failure. This failure can result in pain, limited mobility, and instability while walking or performing daily activities. The patient may require surgery to correct the issue. Patients experiencing these complications often require additional medical interventions and rehabilitation that can significantly impact their quality of life.

If you have experienced complications due to a defective medical device, seek immediate legal assistance from an experienced defective medical device attorney. They will help you navigate through the legal process and ensure your rights are protected and your suffering compensated through a fair settlement.

Common Medical Devices With Potential for Defect

Knee Implants

A knee implant is a common medical device designed to provide pain relief and improved mobility for individuals suffering from damage to the knee joint or supporting knee structures and tissues from, for example, injuries or arthritis. In instances where a knee implant fails, the patient may experience severe complications including the need for additional surgeries.

Over the years, several high-profile lawsuits involving defective knee implants have made headlines due to significant settlements reached between patients and manufacturers. The following well-known cases highlight the value of seeking legal representation from attorneys who are experienced defective medical device lawyers:

  • Johnson & Johnson agreed to pay over $1 billion in settlements related to their defective Pinnacle hip implants that were linked to similar complications as some knee implants. 
  • Stryker Corporation faced numerous lawsuits over their recalled Rejuvenate Modular-Neck Hip Stem system that resulted in substantial Stryker hip replacement lawsuit settlement amounts. 
  • DePuy Synthes, a subsidiary of Johnson & Johnson, settled claims against its Attune Knee System. This device was marketed as providing superior stability and range of motion compared to traditional knee replacements. Some patients who received the Attune Knee System experienced discomfort, persistent pain, and fractures related to premature product failure due to defects such as the loosening of components. Some patients required additional surgical interventions.

If you experienced complications with your knee implant, you may be eligible to pursue a defective medical device lawsuit against the manufacturer. In such cases, it is crucial to consult an experienced medical device attorney who specializes in handling cases related to defective knee implants. These attorneys possess a deep understanding of product liability laws, defective medical device settlements, and relevant legal precedents that can strengthen your case. They can guide you through the complex legal process while advocating for your rights and helping you seek compensation for medical expenses, pain and suffering, lost wages, and other damages caused by the faulty implant.

Hip Replacements

Hip replacement is a common surgical procedure that replaces parts of a damaged hip joint with artificial implants to alleviate pain and restore mobility, and improve the overall quality of life for individuals.

In recent years, there have been several court cases involving hip implants. A prominent example is the 2014 settlement involving patients with the Stryker Rejuvenate or ABG II hip replacement system.  Patients reported experiencing physical discomfort, implant loosening, metallosis (a condition caused by metal debris), and emotional distress. Some patients reported device failure and the need for revision surgeries, and financial burdens associated with additional medical expenses. These complications prompted the filing of numerous defective medical device lawsuits against Stryker and some patients were successful in their lawsuits and obtained substantial settlements to cover their medical expenses, pain and suffering damages, lost wages due to time off work during recovery periods, and other related costs.

The 2014 Stryker settlement was estimated to be over $1 billion.

How To File A Defective Medical Device Lawsuit

When faced with the need to file a defective medical device lawsuit, it is crucial to navigate the legal process with expertise and precision. Obtain the services of a skilled and experienced defective medical device lawyer. These professionals can effectively advocate for your rights and greatly enhance your chances of obtaining a favourable outcome. 

To initiate the process, gather all relevant documentation regarding your case including medical records, product information, receipts, correspondence with healthcare providers and manufacturers, as well as any other evidence that supports your claim. Maintain detailed records and keep them organized to help your defective medical device attorney in building a strong case on your behalf. Once you have compiled all necessary documentation, identify the appropriate jurisdiction for filing your lawsuit as jurisdictions have different requirements and processes. Your defective medical device lawyer will guide you through this process and ensure that your case is filed in the most favourable jurisdiction. In some instances, multiple parties may be involved in litigation against a particular manufacturer or distributor of the defective medical device.

Collaborating with other affected individuals can lead to a collective action lawsuit or class-action suit which can strengthen your overall legal position against a negligent manufacturer. In addition to filing your lawsuit correctly, timing is also critical when pursuing claims related to defective medical devices. Statutes of limitations vary from state to state and can impact when you must file your claim. It is, therefore, critical to consult a knowledgeable defective medical device attorney for guidance and advice early, once you decide to pursue a claim. 

Common Questions About Defective Medical Devices

What Is A Medical Device Recall?

A medical device recall is an official action taken by the manufacturer or regulatory authority to address a safety issue posed by a specific medical device. The primary purpose of a recall is to remove or correct a device that is deemed defective or potentially harmful to the health and safety of users. 

Recalls can be voluntary, initiated by the manufacturer, or mandatory, mandated by a regulatory agency such as the Food and Drug Administration (FDA). The decision to recall a medical device is typically based on several factors including reports of adverse events, product testing results, and scientific data indicating that the device’s design or manufacturing process may pose risks to users. These risks can range from minor complications to serious injuries or even fatalities.

The main objective of a recall is to protect users and ensure their well-being. When a recall is announced, it is important that affected individuals take immediate action including contacting their healthcare provider, as soon as possible, and following instructions provided by the manufacturer or regulatory authorities. In some cases, individuals may need medical treatment or device replacements due to complications associated with the recalled product.

It may be beneficial for individuals affected by these issues to seek legal advice from a knowledgeable defective medical device attorney during this time. This can help them in understanding their rights and options for pursuing compensation through a defective medical device lawsuit. Medical device recalls can have far-reaching consequences for both patients and manufacturers. Recalls often lead to public scrutiny of companies responsible for producing faulty devices and may result in significant financial implications such as defective medical device settlements paid out by manufacturers.

Do I need a lawyer to file a defective medical device lawsuit?

While it is technically possible to file a claim without legal representation, it is strongly recommended that individuals seek the expertise of qualified defective medical device attorneys for several reasons:

  1. A defective medical device lawyer has an in-depth understanding of the intricate legal framework surrounding such cases and possesses extensive knowledge of relevant laws and regulations pertaining to defective medical devices. They can navigate through complex litigation procedures on behalf of their clients and ensure that their rights are protected throughout the process.
  2. An experienced defective medical device lawyer has proven strategies to fight on your behalf against often large and resource-rich corporations and their legal teams.
  3. An experienced defective medical device lawyer has the necessary resources and connections to gather evidence, consult expert witnesses, if needed, negotiate fair settlements on behalf of their clients, or take a case all the way through trial, if necessary. Having your questions answered regarding defective medical devices is essential when faced with potential harm caused by such products.
  4. Seeking assistance from competent defective medical device lawyers is vital to navigating the complex legal landscape, ensuring that one’s rights are protected, and maximizing the chances of receiving fair compensation through a successful defective medical device lawsuit.

What Is Considered A Defective Medical Device?

A defective medical device refers to any product that has flaws or defects in its design, manufacturing, or labeling, which can result in harm or injury to the patient.

These defects can range from minor issues that require additional treatment to severe complications that can have life-threatening consequences. Several types of defects can make a medical device defective.

Design Defects 

These occur when there is a flaw in the original design of the product. This means that even if the device is manufactured correctly and used as intended, it can still pose risks to the patient.

Manufacturing Defects 

These types of defects occur during the production process and result in a faulty product being released into the market. These defects can include errors in assembly, substandard materials used, or improper sterilization procedures.

Labeling Defects

Mislabeling is considered a form of defect for medical devices. This refers to inadequate or misleading instructions provided with the product.

If a patient does not receive proper warnings about potential risks and complications associated with the use of the device, or if they are not adequately informed about its proper usage, it can lead to serious harm. Determining whether a specific medical device is defective typically requires an extensive investigation involving experts such as medical professionals and engineers who specialize in studying these products.

It is crucial for anyone who suspects they have been harmed by a defective medical device to consult a skilled defective medical device attorney who has experience handling such cases. The implications of using defective medical devices cannot be understated. Patients rely on these products for their well-being and trust that they will improve their health instead of causing harm. When manufacturers fail in their duty to ensure safe products reach consumers, individuals should seek legal recourse by filing a defective medical device lawsuit. By seeking justice through legal means, individuals can hold manufacturers accountable for their negligence and contribute to efforts to ensure that safe medical devices reach the market in the future.

What Are Some Successful Defective Medical Device Lawsuits?

There have been several notable cases that have resulted in substantial settlements for the victims. One example is the DePuy ASR hip implant lawsuit.

In 2010, DePuy Orthopaedics, a subsidiary of Johnson & Johnson, issued a recall for its ASR hip implants due to high failure rates and complications among patients. As a result, thousands of individuals filed lawsuits against the company, seeking compensation for their injuries.

In 2013, DePuy settled nearly 8,000 cases related to the defective ASR hip implants for a reported $2.5 billion. The settlement amounts varied depending on factors such as the severity of the injuries and individual circumstances. This case highlighted the significant impact that defective medical devices can have on patients’ lives and how legal action can hold manufacturers accountable. 

Another well-known defective medical device lawsuit involves Stryker’s Rejuvenate and ABG II modular-neck hip implants. These devices were recalled in 2012 due to concerns over fretting and corrosion at the implant site, leading to pain, swelling, and tissue damage in patients. As a result of this recall and subsequent lawsuits filed by affected individuals, Stryker agreed to settle thousands of cases for an estimated total amount exceeding $1 billion.

These successful defective medical device lawsuits serve as important legal precedents and show how legal actions can help victims obtain fair compensation for their injuries caused by faulty medical devices. They also highlight the importance of consulting a skilled defective medical device attorney, or medical device lawyer, with a track record for successfully handling such complex cases.

Don’t Wait To Contact Us About Defective Medical Devices

Defective medical device complications can be severe, including infection, organ damage, and even death. If you have been harmed by a defective medical device, it is important to seek the assistance of a qualified lawyer specializing in defective medical device cases. Perkins Law Offices can help you pursue fair compensation for damages resulting from your defective medical device. When choosing a lawyer, look for experience, a successful track record, and access to resources and networks. 

If you or a loved one has been injured as a result of a defective medical device, contact Attorney Alex Perkins at (855) 741 – LAWS (5297) or email us at Perkins@PerkinsLawOffices.com for a free and confidential case review.