Phoenix Defective Medical Device Attorney
Medical devices should improve your health, helping to manage chronic conditions, repair injuries, and cure illnesses that could lead to serious complications. However, when a problem arises with one of these devices, the opposite is often true. The individual suffers preventable injuries, develops significant and life-threatening complications, and could even pass away.
All too often, device manufacturers fail to test their products thoroughly or ignore signs of a problem. If this happened to you or a loved one, a Phoenix defective medical device lawyer from Gallagher & Kennedy can help and put our more than 210 years of collective experience to work for you. You deserve justice based on the facts of your case. Contact us today for a free, no-obligation consultation with our team.
Our Phoenix Defective Medical Device Attorneys Protect Clients’ Rights
At Gallagher & Kennedy, we pride ourselves on how our attorneys help clients through some of the most difficult times they will ever face. We fight for every client like they are the only case we have. We have a long history of recovering significant compensation for our clients, including record-setting verdicts and settlements in Phoenix and nationwide.
These results include:
- Participating as a part of a legal team representing clients in major medical device litigation with a jury verdict of $3.6 million
- Securing $2.1 million in settlements for two victims harmed by a defective medical implant device
- Recovering $1.5 million in settlements for two victims of a defective orthopedic medical device
Our team has the resources and knowledge to take on even the largest medical device manufacturers. We do not hesitate to go toe-to-toe with any corporation or defendant accused of wrongdoing that caused our client’s injuries. However, we always focus on the needs of the individual client.
Ways Our Defective Medical Device Attorneys Can Support You in Your Case
Our attorneys take steps to build a case and pursue justice for each client.
- Investigating the cause of their injuries
- Identifying others with similar complaints, if any
- Building a case against the device manufacturer
- Documenting their damages and valuing the case appropriately
- Taking action to seek fair damages on the client’s behalf
- Demanding compensation from the liable party or taking the case to trial
- Protecting the client’s rights throughout the process
- Fighting for the client’s best interests
Our team works based on contingency. We never ask our clients for a retainer or to pay other upfront fees. Instead, we get paid from the compensation we recover for them. We do not charge attorney’s fees unless we secure a settlement or verdict in their case. You can learn more during your free consultation with our team.
Gallagher & Kennedy’s Phoenix Lawyers Help Clients Seek Compensation
At Gallagher & Kennedy, our attorneys understand the damage defective medical devices can cause. Not only do these devices not help treat your condition and manage your symptoms, but they can also make things much worse. You could deal with a worsening of the original condition as well as other complications.
For example, imagine you receive an implant meant to treat your condition. However, the implant does not work. You now need another surgery to remove the implant as well as more treatment for the initial condition.
The only way to get justice in these cases is to hold the device manufacturer legally liable. When you sue the manufacturer, they must pay for your related expenses and losses. Depending on the outcome of the case and your experiences, you might receive compensation that covers:
Your Related Medical Bills
When you have injuries, medical bills naturally result. You need treatment to manage the injuries the device caused and the original concern that called for the use of the device. You can also recover compensation for your medical bills, related expenses, and future care costs.
We often rely on medical experts to help us value our clients’ future medical expenses. We understand ongoing care could be necessary and want to ensure you do not have to pay for it out of your pocket.
You will likely miss work when a medical device fails or otherwise causes injuries. When you lose income because you need medical care or cannot work because of the resulting injuries, these constitute recoverable losses. Compensation for reduced earning capacity may also be available if you cannot return to your previous work because of the defective medical device and complications.
Keep all your receipts, and we can help determine if you have additional covered expenses. They could include a wide range of out-of-pocket costs. We recover money for clients for parking at the hospital, travel to see specialists, home renovations for limited mobility, and more. We can document your related expenses and include them when we seek a fair settlement.
When someone else’s negligence—including a defective medical device—causes injuries, victims suffer non-economic damages. They include intangible losses such as physical pain and emotional suffering. We know how to value these damages and pursue fair compensation for our clients.
Unlike economic and non-economic damages, punitive damages are not compensatory. They do not pay for your expenses or losses. Instead, they penalize the liable party and teach others not to act in similar ways in the future. They are common in defective product cases.
If the evidence shows that the device manufacturer knew there was a risk of injury, ignored reports of similar problems, or failed to warn consumers about the device’s dangers, punitive damages could be available.
We generally only get punitive damages for our clients when a jury awards them at trial. If punitive damages are possible, we can sue the manufacturer and ask the court to consider this option.
Phoenix Defective Medical Devices, Lawsuits, and Other Actions
At Gallagher & Kennedy, we handle defective medical device cases from start to finish. These cases proceed in several different ways. Most of the time, we file an individual claim or lawsuit and hold the manufacturer liable on behalf of our client. These cases can sometimes support a mass tort, class action, or multidistrict litigation. These are possible when multiple victims suffered injuries because of the defective device.
The many types of medical devices on the market include:
- Products to help doctors perform procedures
- Surgical tools
- Implantable devices
- Tools and machines to help manage conditions
- Orthopedic implants
- Machines to aid healing after a procedure or injury
In fact, according to The Center for Devices and Radiological Health (CDRH)—a branch of the U.S. Food and Drug Administration (FDA)—there are 175,000 medical devices on the market in the United States, and they receive about 22,000 submissions for premarket approval each year.
What Are Some Common Defective Medical Devices?
Any of these medical devices can have a defect that causes injuries, fails to work properly, or otherwise leaves the patient worse than they were before.
However, some devices are well-known in the industry for a high failure rate or defects, such as:
- Implantable defibrillators and pacemakers
- Stents and filters, including inferior vena cava (IVC) filters
- Hernia and transvaginal mesh patches
- Dialysis machines
- Hip and knee replacements
- Intrauterine devices (IUDs)
- Bair Hugger blankets
Each year, there are thousands of injuries and lawsuits related to defective medical devices. The victims suffer a range of severity of injuries, from needing an additional medical procedure to catastrophic or fatal injuries.
Liability for Phoenix Defective Medical Device Injuries
At Gallagher & Kennedy, our Phoenix defective medical device lawyers understand how to prove a device manufacturer bears liability for injuries their products cause. There are generally three ways a device can be defective:
When a device has design defects, the problem is inherent in the device. Every device made will have the same defect and could lead to injuries. Devices with design defects are often the reason for mass torts and multidistrict litigation. Many people suffer harm because of their defects and have viable cases against the manufacturer.
One recent example of this is the Bair Hugger device. Because of the product design, it can circulate air from the floor and blow it on the patient’s body. Since it is commonly used after surgery, this could lead to an increased infection risk at the incision site. Manufacturer 3M faces almost 6,000 lawsuits related to these injuries in MDL-2666.
Manufacturing defects occur as a part of how products are made. The design is safe, but there is a problem with the components, or something goes wrong during manufacturing. These issues can cause certain batches to have defects or affect all products.
Examples of medical devices with a manufacturing defect include the recalled Philips Respironics C-PAP, Bi-PAP, and ventilators. The foam used to insulate these machines breaks down, and users can inhale it. In addition, there are concerns about off-gassing. These claims are the basis for MDL-3014.
Sometimes, a device can have contraindications or concerns that are serious but not serious enough to rule out its use when necessary. However, patients have the right to know all the potential dangers of medications, devices, and products so they can make an informed choice. A missing warning prevents this and can lead to preventable injuries.
Manufacturers are usually strictly liable for defective devices. This means we only need to show there was a defect in the device, and it caused our client’s injuries to hold the manufacturer legally liable.
Let Our Defective Medical Device Lawyer Build a Case for You
At Gallagher & Kennedy, our personal injury lawyers understand your frustration and anger. You should not have preventable injuries and deal with additional pain and suffering because of a device designed to improve your health. We can fight to get justice in your case, usually by seeking a settlement or verdict that compensates you fairly based on your expenses or losses.
Our team knows how to build a strong case and understands the evidence necessary to document what happened and who is liable. We work with experts and conduct interviews to learn as much as possible about what happened and how it affected your health.
The evidence in these cases often includes:
- Your relevant medical records
- Documentation of your injuries and prognosis
- Medical expert opinions
- Proof of your related expenses and losses
- Other examples of similar cases and injuries
We are not afraid to go toe-to-toe with any device manufacturer, pharmaceutical company, or other large corporation. We file claims, demand compensation, and take these cases to a jury trial when necessary. You can count on our team to manage your case and prioritize your best interests.
What is The Time Frame for Filing a Lawsuit After a Defective Medical Device Injury?
Injury victims usually have up to two years to sue the liable party in an injury case. This time frame applies to product liability cases, as well. Our attorneys can ensure you meet this deadline when we know about your case in time. However, understand how long it takes to build these cases.
Once you learn your injuries occurred because of a medical device, we encourage you to reach out to our team. We want to gather as much evidence as possible to support your claim. Evidence often disappears as time passes, so we need to go to work on your case as soon as possible.
Discuss Your Options With Our Phoenix Defective Medical Device Team Today
At Gallagher & Kennedy, we offer free consultations for victims of defective medical devices. If you suffered injuries because of a dangerous medical device or product, we want to discuss your rights and options. Whether there is ongoing litigation against the company or this is a unique circumstance, our Phoenix defective medical device lawyers can help. Let us review your case with you today for free.
Contact us at (602) 530-8400. We have someone available to discuss your options with you today.
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Galleger & Kennedy – Phoenix Office
2575 E Camelback Rd, Suite 810
Phoenix, AZ 85016
Tel: (602) 530-8400