Regardless of the specific function, medical devices are ultimately designed to improve a patient’s health and quality of life. Unfortunately, some of them end up harming the patients instead of helping them. Of course, companies that design and manufacture faulty medical devices don’t intend to injure patients, but that doesn’t absolve them of the responsibility to make it right when it happens.
If you or someone you know has suffered due to a defective medical device, our Dayton bad medical devices lawyer can fight for the compensation you need and deserve. The Fitch Law Firm LLC in Ohio boasts a legal team with over 30 years of experience obtaining money for personal injury victims. You can call us at any time for a free consultation to explore your legal options.
What Are Medical Devices?
According to the World Health Organization (WHO), a medical device refers to any instrument, apparatus, article, or machine used to prevent, diagnose, or treat a medical condition or to detect, measure, restore, correct, or modify the structure or function of the body for health reasons. Examples of medical devices include:
- Surgical mesh
- Hip implants
- Blood pressure monitors
When these types of devices fail, malfunction, or otherwise cause harm to a patient, the device is considered defective or faulty.
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How Do Faulty Medical Devices Make It to Market?
From a manufacturer’s standpoint, bad medical devices make it to the marketplace when they:
- Fail to test them
- Cut corners while rushing the product to market
- Move forward with a launch, despite having information that raises concerns over the efficacy or safety of the product
- Pay for studies that tout product benefits
- Advertise the products to the medical community for unapproved uses
- Pay doctors to promote these products to their patients
However, the Food and Drug Administration (FDA) plays a role as well. The FDA approves numerous devices without clinical testing. These products go through an abbreviated approval process if the FDA considers them “substantially similar” to another device already on the market. Further, the government agency approves some products based on the test results of earlier versions of the same product instead of requiring new trials.
In some cases, the FDA will recall the product if evidence suggests there is a significant health or safety threat. Unfortunately, this is usually only after thousands of people report suffering serious health complications from years of exposure to the product and file lawsuits.
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Our Bad Medical Device Lawyers in Dayton Hold the Manufacturers Responsible
Bad medical device manufacturers are liable for the injuries that patients and consumers suffer after using their products when they fail to adequately warn the public of the dangers.
If you were harmed in a similar situation, you have a right to hold them accountable for your damages.
Damages You Can Recover in a Medical Device Liability Lawsuit
Years of health challenges can equate to hundreds of thousands of dollars in medical expenses, inability to work or maintain a regular work schedule, and a significant reduction in quality of life, among other hardships. You may be entitled to collect compensation for a host of economic and non-economic losses, including:
- Medical treatment expenses, such as revision surgery
- Assistive devices
- Lost income and work benefits
- Diminished ability to earn
- Physical and/or occupational therapy
- Mental anguish
- Pain and suffering
- Diminished quality of life
- Wrongful death damages
A personal injury lawyer at our firm will assess your damages and calculate the total compensation you should receive.
We’ve Made History Fighting for Injury Victims in Ohio
The medical device liability lawyers at our firm work to ensure you have a strong case. Every detail is given our full attention as we build your claim. Our skill and hard work are the reason we’ve been able to secure some of the highest personal injury verdicts in Ohio history.
We have a highly-rated team of litigators who provide compassionate legal care and aggressively pursue fair compensation for the injured. You can reach us 24/7 with questions or concerns. Moreover, our lawyers go the extra mile and travel to you if you are unable to get around. If we agree to work together, we can take on the following tasks on your behalf:
- Gather evidence of the other party’s negligence
- Document your past and anticipated damages
- Communicate with various parties
- Abide by the statute of limitations in Ohio Revised Code Section 2305.10 or Ohio Revised Code Section 2125.02
- Negotiate a fair settlement with the insurance company
- Argue your case before a jury
Our attorneys work on contingency, so we will cover every expense related to your case and not receive payment unless and until we obtain compensation for you.
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How Are Defective Medical Device Lawsuits Handled?
Many defective medical device cases are mass tort scenarios, meaning that a large number of people have suffered from the same product. More often, these cases are handled as individual lawsuits and consolidated into multi-district litigation or an MDL. Here, the plaintiffs maintain their own lawyers, but all the cases are handled in a single court.
After evaluating your case, our Dayton personal injury lawyer will determine the best legal route for you.
Contact The Fitch Law Firm LLC for a Dayton Bad Medical Devices Lawyer
Some victims of bad medical devices suffer for years without knowing the cause or attribute their symptoms to another source. It’s imperative that you speak with your medical care provider. They can help you determine the specific medical device you received and find out more about the potential side effects and complications.
We also encourage you to connect with our defective medical device attorneys serving Dayton, OH. They can assist you in retrieving your medical records and investigating your case before the filing deadline. The Fitch Law Firm LLC is dedicated to your fair and full recovery. Call us today for your free consultation.
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