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San Diego Defective Medical Device Lawyer

Learn About Your Legal Rights and Options

Vaage Law > Practice Areas > San Diego Defective Medical Device Lawyer

If you or someone you know has suffered an injury as a result of a defective and dangerous medical product, you may be able to recover for your injuries and losses.

Best Law Firms -Personal Injury Litigation - Plaintiffs - Tier 1 BadgeAn experienced medical product liability lawyer will know how to navigate the difficult legal terrain of these specialized product injury cases. Our firm has more than 35 years of experience representing clients who have been victims of a defective medical product. Examples of the defective medical device product claims we have pursued for patients include:

  • Hip Implants
  • Spinal Cord Implants, including screws and plates, and spacers
  • Nerve Monitoring Devices
  • Pain Pumps
  • Heart Pumps
  • Surgical Meshes
  • Cosmetic Devices

Defective medical device cases are extremely complex. Most of these devices have been approved or cleared by the U.S. Food and Drug Administration prior to distribution and use.

Certain medical devices, specifically Class 3 implantable devices, are subject to a limited number of product defect laws by virtue of their approval by the FDA. Because these devices go through a rigorous pre-market approval process, the FDA has deemed them safe for their intended use.

Other medical devices that go through a clearance process and are found to be substantially similar or equivalent to other products previously approved by the FDA are, therefore, subject to more product defect liability. Contact Vaage Law at (619) 338-0505 or online to schedule a free, fully confidential consultation to discuss your legal options.

What Compensation Is Available in San Diego Defective Medical Device Settlements?

If you or a loved one were injured by a defective medical product, you may be facing extreme financial difficulties due to your injuries. A damages award in a personal injury lawsuit can help cover your losses, including the following:

  • Additional medical bills and expenses, past and future
  • Lost wages, past and future
  • Loss of the ability to generate income in the future
  • Pain and suffering
  • Various other costs

The amount of damages will vary depending on the facts and circumstances of each case. However, the amount you recover will often depend on the skill of the product liability attorney handling your case, as well as his/her ability to present your case effectively in the courtroom.

What Kinds of Defects Are Viable Cases for San Diego Defective Medical Device Lawsuits?

In order for you to know whether you have a potential claim or not, it helps to understand the main categories of defective medical product cases. Devices can be defective mainly in the following three ways:

  • Design Defects: These involve flaws with the way the device itself is designed. An example would be a hip implant that is designed in a way that is not structurally or mechanically sound, leading to breakages of the implant. These cases can involve an entire line of medical devices.
  • Manufacturing Defects: Such cases involve products that have an error in the way they are assembled or put together. The design of the product may be sound, but the defect stems from a problem during the manufacturing phase. A common example might be where a screw is inserted incorrectly during the assembly of a medical device. These cases usually involve a specific batch of products that were defectively manufactured.
  • Warning Defects: These types of cases involve defects or deficiencies with the warning information associated with a medical product. An example would be a medical device that does not include proper warning materials in the packaging or proper instructions for use.

You might be able to trace your injury to a certain type of defect, but other cases may be more complex. For instance, a single product can involve a combination of these types of defects. If you have any questions about the way in which your injury occurred, contact a defective medical device lawyer for advice regarding your situation.

Other Issues a San Diego Defective Medical Device Attorney Can Help You With

Defective product cases can also overlap with other related types of medical claims, including:

  • Medical error: For instance, a doctor wrongfully implanting a product that has been subject to recall
  • Medical malpractice: An example would be a doctor providing a patient with wrong information regarding a defective product
  • Fraud/conspiracy: Fraud/conspiracy can occur when a physician has significant economic and research ties to the medical device company, which he or she conceals from the patient. This conflict of interest can affect the medical decisions made by the physician. It can also occur when a medical device company encourages a doctor to use a particular product in an unapproved/uncleared (“off-label”) manner and conceals the potential risks from the patient.

Defective medical device lawsuits can be among the most complicated types of claims due to the potential number of issues involved. Vaage Law is known for representing injured victims in highly complex medical product liability cases. 

We believe in making our city and the community at large a better, safer place for everyone. Pursuing a San Diego defective medical device lawsuit can often help expose medical product defects that are hidden or not well-known to the public.

If you’ve been injured by a medical device that was meant to help you improve, you have options. Reach out to Vaage Law at (619) 338-0505 or contact us through our online form to schedule your free consultation and discuss what our attorneys can do to help you recover.

What a Medical Malpractice Attorney Can Do for You and Your Case

When a medical device fails and causes harm, it often sets off a chain of medical complications, uncertainty, and emotional stress. In many cases, the line between an unfortunate outcome and preventable negligence isn’t immediately clear.

At the intersection of medical malpractice and product liability, these cases require a team that understands both the medical systems that use the device and the companies that made it. Vaage Law brings deep legal insight, medical knowledge, and investigative experience to uncover the truth and fight for the compensation you deserve. 

Here’s how we approach these complex cases, and why our San Diego defective medical device law firm is built for them:

  • We dig deep into medical records: We’re used to carefully poring through all your medical documents to find every small detail that can help prove your case. 
  • We look for hidden connections: Sometimes, doctors or hospitals might have financial ties to the companies that make these devices. We always check for these relationships, as they can significantly strengthen your case and may even open doors to additional claims, including product liability or ethical violations.
  • We have a strong network of experts: We work with many trusted professionals who help us assess how the defective device contributed to your injury, explain complex issues in simple terms, and provide credible testimony in court or settlement negotiations. 
  • We often know these devices already: Chances are, we’re already familiar with the specific device or drug that caused your injury. This head start means we can move faster to help you, which may be essential in time-sensitive cases.
  • We know what information to get and how to get it: These cases require specific details and evidence, including FDA safety communications, device manufacturing records, and internal hospital logs. We have the experience to know exactly what information is needed and the best way to get it.
  • We combine medical knowledge with legal strategy: Medical malpractice and defective product claims often overlap. A faulty device might lead to serious complications, such as internal infections, tissue damage, or delayed diagnoses, that require an in-depth understanding of human anatomy and treatment protocols. Our experience in both legal and medical matters helps us clearly connect your symptoms to the failure of the device.
  • We know hospital systems: We’re familiar with how hospitals manage their equipment and biomedical departments, which can be key in understanding how a device failed.
  • We’re skilled at finding every possible path to compensation: Because there can be limits on what you can recover in some medical malpractice cases in San Diego, we’re used to looking for other ways to help you get the full compensation you deserve, which often involves defective devices or medications.

Hiring a personal injury attorney is one of the most effective steps you can take to protect your rights and maximize your recovery. A nationwide Martindale-Nolo study found that more than 90% of people who had legal representation received a settlement or award, compared to only about half of those who handled their claims on their own.

If you’ve been hurt, talking to the right San Diego defective medical device attorney could be the most important step you take. Contact Vaage Law at (619) 338-0505 or fill out our quick online form for a free and confidential consultation. We’re here to listen, explain your options, and help you take the next step toward accountability and recovery.

What Injuries Can You Sue for in a San Diego Medical Device Lawsuit?

Injuries from a defective medical product can be permanently debilitating and life-changing. They can be frustrating, as the product that was intended to help you ended up harming you instead.

Additional injuries can lead to more doctor’s visits, surgeries, checkups, and medication, all amounting to increased, unnecessary medical bills. Worst of all, such injuries can affect your ability to work and affect your quality of life.

While each defective medical product is different, common injuries associated with them can include:

  • Migration of an implant to a different place in the body
  • “Leaking” of metals into the bloodstream
  • Structural/mechanical failure of a device
  • Integration of an implant with the tissue (tissue regrowing onto the product)
  • Infection

These types of problems can then lead to:

  • Nerve damage
  • Severe pain
  • Interference with internal organ function
  • Changes in blood pressure or heart rhythms
  • Internal bleeding, hemorrhaging, or swelling
  • Tissue tears and adhesions, such as a dural tear
  • Cosmetic damage (often leading to scarring and disfigurement)

Serious cases can involve long-term, life-altering damage, including loss of mobility, loss of bodily functions, and paralysis. In some instances, death can result if bodily functions become compromised. In such cases, it may be necessary for the victim’s family members to pursue a wrongful death claim.

A Closer Look at Medical Malpractice Arbitration with Attorney Bob Vaage

In this episode, Bob Vaage shares insights from more than 38 years of experience handling serious injury and medical malpractice cases. While the conversation focuses on arbitration in malpractice claims, it highlights our firm’s success in complex medical litigation: an essential foundation for taking on defective medical device cases.

Contact a Proven San Diego Defective Medical Device Law Firm

At Vaage Law, we are recognized for securing significant results for individuals harmed by dangerous medical devices and negligent healthcare providers, totalling over $190 million. Our experience with complex medical product defect and malpractice cases positions us to deliver results that make a real difference in our clients’ lives.

Here are a few examples of successful outcomes we’ve achieved:

  • $8,999,998 Settlement: Medical malpractice and negligence involving a hospital’s failure to diagnose life-threatening post-surgical complications in a bariatric patient, leading to permanent intestinal damage and lifelong nutritional dependency.
  • $2,490,252 Settlement: Medical fraud and product liability after a patient suffered permanent spinal injury during surgery due to the use of defective nerve-monitoring equipment developed and used by the surgeon’s own company.

These results demonstrate our ability to handle high-stakes, medically complex cases and hold both healthcare providers and device manufacturers accountable.

Why Hire a San Diego Defective Medical Device Lawyer at Vaage Law

Vaage Law is a small firm and has remained small in order to provide the highest quality service possible. Attorney Bob Vaage is personally invested in every aspect and detail of each defective medical product case, from filing to final disposition.

You can trust our team to thoroughly and professionally represent you from the moment you step through our doors until your case is completed. Contact us online or at (619) 338-0505 to schedule a free, no-obligation consultation to discuss your legal rights and options.

Proudly Representing San Diego Residents

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San Diego Medical Device Liability Lawyer FAQs

What types of cases do medical device liability lawyers handle?

Medical device liability lawyers handle a wide range of cases involving defective medical devices. This can include cases related to hip replacements, surgical implants, pacemakers, defibrillators, and various other medical devices. Our lawyers investigate the circumstances surrounding the injury, gather evidence, and pursue legal action on behalf of injured patients.

When should I contact a San Diego defective medical device lawyer?

You should contact a medical product liability attorney as soon as possible after an injury. There are filing deadlines associated with every personal injury case, so you want to make sure you don’t miss the filing window. If you’ve been injured by a defective medical product, seek medical attention immediately and contact a lawyer as soon as possible. If a medical device is removed from your body, make sure to keep the device. Ask the surgeon to retain the product for you.

How long will my defective medical product case take?

There is no set time for how long a personal injury case will take. Depending on the circumstances, defective medical product cases can take anywhere from several months to more than a year to reach a resolution. More complex cases that involve multiple parties or overlapping legal issues can take longer.

While it may seem like an extended process, pursuing legal action often helps you obtain financial assistance that you would not otherwise secure through medical insurance or other means. Also, filing a lawsuit can help uncover similar instances where defective medical products pose risks to consumers and patients.

How can a San Diego medical device liability lawyer help?

Medical product defect lawsuits can be complicated, but a lawyer can help you with various tasks needed for a successful case. Your attorney can:

  • Review the facts and details of your injury
  • Gather the relevant documents, information, and statements for trial
  • Formulate an effective strategy for pursuing your case
  • Argue on your behalf in court
  • Help secure the greatest compensation for your losses

At Vaage Law, we have decades of experience representing clients in the most complex injury cases. Get in touch with us online or at (619) 338-0505 if you or a loved one was harmed by a defective medical product or device. Taking action is your first step toward getting your life back on track.

Call us today at (619) 338-0505 for a free case consultation.

 

 

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