Medical Device Liability Lawyer in San DiegoLearn About Your Legal Rights and Options
Medical Device Liability Lawyer in San Diego
Learn About Your Legal Rights and Options
If you or someone you know has suffered an injury as the result of a defective and dangerous medical product, you may be able to recover for your injuries and losses.
An 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 involve:
- Hip Implants
- Spinal Cord Implants, including screws and plates and spacers
- Nerve Monitoring Devices
- Pain 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.
Types of Defective Medical Device Cases
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.
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 conceal 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 legal action can often help expose medical product defects that are hidden or not well-known to the public.
Defective Medical Device Injuries
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 on to the product)
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.
Damages in a Defective Medical Product Case
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.
San Diego Medical Device Liability Lawyer: Call (619) 338-0505 Today
We are recognized for successfully representing plaintiffs in medical product defect cases. 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 at (619) 338-0505 to schedule a free, no-obligation consultation to discuss your legal rights and options..
Medical Device Liability Lawyer FAQs
When should I contact a medical device liability 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?
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 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 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.
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Attorney Vaage has been most recently recognized as Outstanding Trial Attorney and Outstanding Trial Advocate by the Consumer Attorneys of San Diego.