Medical devices or products are intended to improve the health of the patients who receive them. It is understandable, then, that there is a unique sense of betrayal that many patients feel after they suffer serious injury caused by these products. Whether you have suffered an injury after receiving an MRI, undergoing a procedure to prevent fatal blood clots, or have undergone some other seemingly beneficial medical care, the pain, suffering, and financial loss of a resulting injury can be devastating to your quality of life.
When defective products cause serious injury
The seasoned defective medical device attorneys at Rutter Mills understand the impact that a product- or device-related injury can have. We take the time to understand the effect that it has on your life and examine your right to compensation under the circumstances. Our team will take a look at your case, regardless of whether the medical product in question was the subject of a recall. Our goal is to fight for your well-being while ensuring the general public is not needlessly harmed by the same product.
Speak with a defective medical device lawyer at Rutter Mills if you have been injured by a medical product. Some of the defective medical product claims we are currently accepting cases for include:
Does FDA approval mean a medical device is safe?
It is normal to believe that FDA approval of a medical product or device will ensure safety. However, FDA approval is a flawed process – one in which the company itself provides data to show that the product’s benefits outweigh its risks for a certain use. This is far different from showing that the product itself is safe.
Regardless of the type of FDA approval process a device has undergone, and regardless of whether it has been recalled, the defective product liability attorneys at Rutter Mills make a big picture examination of the evidence to determine whether there is a viable medical product defect claim.
Do I qualify to file a medical device lawsuit?
A defective medical device lawsuit is essentially a specialized type of product liability lawsuit. It targets manufacturers and/or distributors based on defects that lead to injury. The defects might be in the product’s design, in a step or feature of the manufacturing products, or even in the marketing practices, such as in a failure to warn of potential dangers.
A defective product attorney at Rutter Mills will take the time to understand your injury and the changes it has caused on your life. We will do the research necessary to determine whether you are in a strong position to file a defective product claim for compensation.
Some of the things we look at to determine the strength of your case include:
- Seriousness of your impairment
- Whether the device was recalled, either by the FDA or privately by the manufacturer
- Whether there is evidence that the device was not properly designed
- Whether the device was used properly
- Whether the potential defendants provided adequate warning of possible risks
- Whether any of the components were unsafe
- Whether the advertising of the device was misleading or deceptive
- Whether there are other known reports about the device’s safety concerns
What is involved in filing a defective product lawsuit?
Even when a medical device defect is egregious and seems obvious, proceeding through a lawsuit is not an easy thing to do. A plaintiff needs to comply with rules like statutes of limitations, court procedures, rules of evidence, hearsay, and the burden of proof, all while countering the moves of large corporations with seemingly endless resources.
In addition, it is common for medical product and dangerous drug lawsuits to be combined in what is referred to as Multi-District Litigation (MDL). When this happens, cases filed by various plaintiffs are combined for pretrial purposes so preliminary hearings and evidentiary rulings may take place in another court across the state or even across the country.
The attorneys at Rutter Mills understand these challenges and are prepared to meet them on your behalf. Fighting for the rights of injury victims is what we do.
Hiring expert witnesses in a medical product defect case
A key element of defective product cases is expert testimony. Plaintiffs generally need to have scientific and medical experts in order to meet their burden of proof. Depending on the allegations in the case, the plaintiff may need to offer experts to establish how the device was defective, how the defect caused the injury, how the plaintiff personally suffered physically, and even the emotional and financial impact of the damage.
A skilled and experienced medical defective product lawyer will take the
lead with these tasks. He or she will ensure you:
- File your claim within the statute of limitations
- Meet the procedural requirements for court filings
- Meet hearsay and evidence rules
- Understand the process throughout litigation, even if transferred to MDL
- Present the experts necessary to prove the elements required for your case
- Advocate throughout pretrial hearings and trial, including pretrial settlement negotiations
- Listen to your concerns and take your goals into consideration while formulating a litigation strategy
- Promptly respond to your calls
Speak to a medical product defect and mass tort attorney
At Rutter Mills, we are dedicated to securing serious compensation for serous injuries. In practice for over 50 years, we have helped thousands of injury victims in Virginia get back on their feet after experiencing traumatic accidents, workplace injuries, medical device injuries and other setbacks. Fight for the compensation you deserve and hold medical device manufacturers and distributors accountable when you put your trust in Rutter Mills. We are poised to take on the resources of the big-name corporations in order to make things right. Call today to discuss your case.
When you’ve been injured, you’ve got a lot at stake… but so does the insurance company. Walking into the court room with a serious lawyer makes all the difference. Watch our video to learn more about Rutter Mills.