Medical devices are meant to make our lives better, but when these devices are defective, they can cause tragic and painful injuries and long-term conditions. All too often, people come out of surgeries that they thought would help improve their quality of life, only to find that the treatment has caused harm that’s much worse than their original injury or condition.
If you’ve been hurt by a defective medical device, you might be entitled to significant compensation for your injuries. The negligent manufacturers and producers of these defective devices must be held accountable for the agony they cause, and Wocl Leydon is here to help.
Our respected defective medical device attorneys have been recognized by prominent publications like the Million Dollar Advocates Forum and Super Lawyers for their superior legal skills and commitment to providing stellar customer service. As our high-value case results and testimonials from past clients show, we’re dedicated to helping clients across Connecticut seek the maximum compensation they’re owed, while also giving them the personalized attention they deserve.
At Wocl Leydon, we take the time to get to know each client’s personal story and work to protect them as if they were our own family. You can trust that we’ll listen to your concerns, patiently explain your legal options, update you regularly on your case status, and help answer any questions you might have about your case.
If you believe you might have a defective medical device claim, contact today Wocl Leydon for your free and confidential case evaluation. To get started, call us or contact us online.
Common Types of Defective Medical Devices
Some of the most common types of defective medical devices include:
- Cardiac pacemakers and implanted defibrillators
- Insulin pumps
- Cardiac stents
- Pain pumps
- Lead wires for cardiac devices
- Knee and other orthopedic implants
- Sedation systems
- Heart valves
- Contact lenses
- Contraceptive devices
- Breast implants and other cosmetic implants
- Cochlear ear implants
- Fluid transfer systems
- Surgical robot errors and other faulty surgical equipment
- Hearing aids
- Containers for sterile saline or water for inhalation
Injuries Caused by Defective Medical Devices
Defective medical devices typically not only fail to treat the original condition, but they also often cause additional injuries, conditions, and harm. Injuries caused by defective medical devices might result in life-long issues and require prolonged hospitalization or further medical treatments or surgeries.
Some examples of injuries caused by these faulty devices include:
- Organ loss or damage
- Birth defects
- Allergic reactions
- Severe and chronic pain
- Heart attack
- Diarrhea or constipation
- Psychological trauma
- Immune system damages
- Bone or tissue damage
- Hearing loss
- Permanent disability
- Internal bleeding
- Other medical complications
Seeking Compensation for a Defective Medical Device
Some of the types of compensation in defective medical device cases include coverage for:
- Loss of quality of life
- Emotional distress
- Current, past, and future medical costs
- Lost wages
- Disability and related accommodations and treatment
- Loss of earning potential
- Pain and suffering
- Other damages
You might also be able to get punitive damages if the responsible party’s actions were reckless or deliberate. However, these types of damages are rare and are much harder to obtain. Additionally, many state and federal laws might limit the amount of compensation you can claim.
Under Connecticut law, you typically have up to three years to file a defective product claim to recover compensation, although this law has many exceptions. A knowledgeable attorney can help determine what types of damages you might be able to recover and which laws apply in your specific case.
Additionally, if a close relative died because of a defective medical device, then you might be able to file a wrongful death suit. This type of lawsuit is meant to help surviving family members recover compensation to cover damages caused by the loss of their loved one, such as funeral and burial costs, loss of companionship, loss of consortium, and the loss of their loved one’s income.
In order to get compensation in your claim, you’ll have to prove that the device caused your injuries and prove who was liable for the defect. Similar to medications, most medical devices must get approval from the U.S. Food and Drug Administration (FDA) before they can go on the market.
Despite these regulations, injuries happen when companies improperly design or manufacture medical devices, cut corners in testing, fail to disclose risks associated with the devices, or encourage patients to use them for something other than the original purpose. When this happens, many parties might be liable for compensating victims, including:
- The manufacturer
- The sales facility
- The distributor
- A doctor
- The designer
- A medical salesperson
- The medical supplier or pharmacy
- The clinic, hospital, or other medical facility
Defective Medical Devices Injury Claims
There are some steps you can take to protect your rights if you’ve been injured by a dangerous or defective medical device, including:
- Get medical attention. The first step in protecting your rights is protecting your health. Visit a medical professional as soon as possible to have your injuries evaluated and get expert advice on your treatment options.
In some cases, the defective device might be causing you so much harm that the doctor will want to remove it right away, so the longer you wait, the more harm the device might cause. In other instances, your physician might decide that another treatment option or procedure is best.
Either way, visiting a medical professional is the best way to start on your recovery from your injuries. They can also provide you with a medical report on the severity of your injuries and the cause, which will serve as a critical piece of evidence in your defective medical device injury claim.
- Document your damages. Keep a journal of the physical, emotional, and economic harm that the defective device has caused you. Record the kinds of pain and other physical symptoms that you’ve experienced, as well as the effects this suffering has had on your daily life. For example, document details about whether the defective device injuries have caused secondary wounds or conditions or forced you to miss work or social obligations.
Maintain receipts, bills, and other records that show any economic damages you’ve suffered, such as the cost of additional medical visits or lost income. Keep a record of the names, contact information, and other important details about anyone you speak to about your injuries, such as medical specialists.
- Keep the defective device. If at all possible, save the defective product and do what you can to preserve its original state. The device itself, as well as any packaging that came with it, might be valuable pieces of evidence for your claim. Some victims are able to win claims because the manufacturer of the device did not include proper warnings or alerts on their packaging.
- Contact an attorney. Speak with a reputable defective medical advice lawyer as soon as possible. They can evaluate your case for free, help you understand your legal options, protect your rights, help you collect critical evidence, and fight for the maximum compensation that you’re owed.
Contact Our Defective Medical Devices Attorney
If you were harmed by a defective medical device, contact Wocl Leydon today. Our knowledgeable defective medical device lawyers will evaluate your case and help determine if you have a valid claim. If we decide to work together, then we’ll put our full resources behind helping you fight for the justice and compensation you’re owed.
We’ll launch a full investigation to help determine liability for your injuries and gather evidence to support your claim. This might include helping you find doctors to give you a second opinion on your condition or hiring medical experts who can testify to support your claim. We’ll also negotiate with insurance and the at-fault party’s representatives on your behalf, so you can focus on recovering from your injuries.
The team at Wocl Leydon can also help tackle all the documents needed to file a lawsuit if insurance won’t agree to a fair settlement. We’ll help make sure all necessary paperwork is completed thoroughly and convincingly and that it’s filed on time and at the correct court. Our skilled and compassionate defective medical device attorneys will also fight for your rights in court, stand beside you, and support you throughout this entire process.
Don’t wait to stand up for your rights if you’re suffering from a defective medical device injury. Call Wocl Leydon, LLC today or contact us online to schedule your free consultation.