Have you been injured by a defective medical device? If so, you may be able to file a product liability claim to pursue compensation for your injuries. Lawsuits for plaintiff injuries from a defective medical device will involve proving negligence on the part of the responsible party. An experienced personal injury attorney can help you determine which party is responsible for your injuries. Here at Dennis Hernandez & Associates, our Tampa attorneys have extensive experience helping personal injury victims obtain the compensation they deserve so that they can focus on healing and recovery.
The Medical Device Manufacturer
A medical device manufacturer has a strict liability to create a safe product and to provide adequate forewarning of risks associated with a product. Damages awarded in defective medical device cases are often both compensatory and punitive, as the injuries suffered by plaintiffs in these matters are often severe and life-altering.
The Medical Professional
Defective product claims against medical device manufacturers have also prompted medical malpractice claims against medical professionals. Patients suing a surgeon for negligence related to the implanting of a defective medical device file a medical malpractice lawsuit. Medical malpractice claims allege that the surgeon is also to be held liable for the use of the defective product.
Defective Medical Device Class Action Lawsuits
With the proliferation of medical device sales internationally, the incidence of product liability cases leading to medical malpractice is now higher than ever before. When many patients suffer injuries from a particular defective medical device, they can pursue a class action lawsuit against the manufacturer of the device. One example of this arose around the metal-on-metal hip replacement system designed by DePuy Orthopaedics, Inc., a division of Johnson and Johnson. The DePuy hip replacement system was met with recall on August 24, 2010. Introduced to the medical devices market in 2005, by 2008, the US Food and Drug Administration (FDA) had received a proximate 400 complaints from patients who had been given the hip replacement device. The affected patients sued DePuy for damages associated with their medical costs, lost wages, pain and suffering, and more.
Initiation of the class action claim on June 15, 2010 alleged DePuy Orthopaedics was responsible for the defectively designed device. The U.S. Judicial Panel on Multidistrict Litigation finally filed a ruling, transferring all connected cases to a single court for consolidated pretrial proceeding.
Defective Medical Product Lawsuits in Florida
Product liability lawyers in Tampa can help you recover compensation if you were injured by a defective medical device. Victims of defective medical devices can also file medical malpractice claims in certain circumstances. Contact the personal injury lawyers at Dennis Hernandez & Associates to learn more about filing your claim for compensation.
Image courtesy of Marlon Lara
