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We Help Victims of Defective Medical Devices Demand Justice

Defective Medical Device Lawyers

You expect medical devices to improve your health, not harm it. But hip replacements, heart stents, and more are all prone to error. These errors can be due to a doctor’s mistake, a hospital oversight, or even a manufacturer defect. If you find yourself injured by a medical device, you deserve to know your rights and legal options.

Reach out to an experienced Ohio product liability attorney from Kisling, Nestico & Redick today.

Our team has the skill and resources to guide you and recover max compensation for your various losses. We offer 100% free consults, charge nothing upfront, and are ready to help. Contact KNR at 1-800-HURT-NOW today.

What Is a Defective Medical Device?

According to the Food and Drug Administration (FDA), a medical device is an instrument, apparatus, machine, or similar article that includes a part that is intended to diagnose, prevent, treat, or cure a disease, as well as physically influence the function or structure of the human body.

Medical devices almost always require routine checks and maintenance to ensure they are functioning properly. Devices that need to be implanted in a patient’s body must be monitored regularly. Even when medical devices are utilized correctly, they can injure a patient because of a negligence-related defect.

Types of Medical Device Defects

There are numerous medical devices on the market. The most common medical devices that may cause serious injury, health effects, or death if defective include:

  • Pacemakers and defibrillators- Small implanted devices that help control abnormal heart rhythms are known as pacemakers and defibrillators.
  • Hearing aids- Hearing aids are devices worn in or behind the ears that pick up and amplify sound to improve hearing.
  • Breast implants- Saline-filled or silicone gel-filled breast implants alter the size, shape, and contour of a woman’s breasts.
  • Contraceptive devices- Contraceptive devices such as intrauterine devices (IUDs) are designed to prevent pregnancy.
  • Hip implants- Hip implants are necessary for patients undergoing hip replacement surgery.
  • Insulin pumps- Insulin pumps are devices used to administer insulin to treat diabetes and manage blood sugar.
  • Heart stents- Heart stents assist in keeping coronary arteries open and reduce the risk of a heart attack.
  • Transvaginal mesh- Transvaginal mesh is a net-like implant used to treat women suffering from urinary incontinence and pelvic organ prolapse.

How Medical Device Defects Happen

There are certain reasons why medical device defects happen more often than other product malfunctions. Some typical ways medical devices malfunction or become defective include:

  • Failure to properly label the medical device
  • Medical device design defects
  • Failure to follow medical device warranties
  • Lack of warning regarding dangers surrounding medical devices
  • Defective medical device manufacturing
  • Inadequate or incomplete medical device instructions

Examples of Defective Medical Devices in Ohio

Under the worst conditions, virtually any medical device could be defective or malfunction. However, some medical devices have more well-known defects than others. Some notable examples of medical device recalls and lawsuits include:

  • Hip implants
  • Metal hip replacements
  • Hernia mesh
  • Transvaginal mesh
  • CPAC machines
  • Drug coated stents
  • IVC blood clot filters
  • Da Vinci surgical robot injuries
  • Pacemakers and defibrillators
  • Cobalt toxicity
  • Metallosis injuries

Defective Medical Devices Cause Harm

The injuries defective medical devices cause depend on the device and its use. For instance, in cases involving defective hip implants, the grinding of the titanium ball joint has led to metal fragments entering the patient’s body, causing adverse health issues.

Defective medical devices have been known to cause:

  • Organ loss
  • Infection
  • Allergic reaction
  • Heart attack
  • Stroke
  • Tissue or bone damage
  • Chronic pain
  • Permanent disability

Treating Injuries or Illness Caused by Defective Medical Devices

The way your illness or injury will be treated will vary based on several factors, such as:

  • Your overall health
  • The type of defective medical device
  • The type of injury or illness you sustained
  • Other environmental factors

For example, some parties may require the removal or replacement of a defective medical device. Others may require prescription medications, revision surgery, physical therapy, and other treatments to address the symptoms associated with a defective medical device.

Potential Liable Parties & Proving Negligence

When pursuing a defective medical device lawsuit or claim, you must prove that the medical device was defective, either in its design, manufacturing, or marketing. Identifying where the negligence occurred in the process is a complicated task,

But once a medical device has been proven defective, you can determine who is liable for the harm it caused. To determine liability, you must demonstrate that the manufacturer, distributor, or another party had a duty of care, breached their duty of care, caused injury because of the breach and that there was a relationship between the breach and injury.

Defective Medical Devices: Possible Compensation

Our Ohio product liability attorneys will investigate who you came to injured by a medical device, find who is responsible for its flaws, and determine who should be held financially liable because the costs should not burden you.

If you have a product liability case, we may pursue compensation for your:

  • Past and future medical costs
  • Lost wages
  • Emotional distress
  • Pain and suffering
  • Disability
  • Loss of quality of life

Why Call a Defective Medical Device Lawyer at KNR

No matter how a defective medical device injures you or a loved one, our dedicated lawyers at Kisling, Nestico & Redick can advise you and pursue the maximum compensation for what you endured. Whether a defective pacemaker worsened your heart condition, a faulty implant resulted in infection, or a CPAP machine caused a severe illness, we know what’s next.

Securing compensation from the liable party may be the difference between getting the additional medical care you need and recovering financially from another’s wrongdoing.

Let KNR handle the process so you can heal in peace.

Our Legal Team Will:

  • Investigate what led to a defective medical device being used to treat you.
  • Obtain evidence to prove how your injuries occurred and who is responsible
  • Prepare insurance claims, trial documents, and other necessary paperwork
  • Document your economic and non-economic damages to calculate the value of your case.
  • Negotiate with the insurance company to get the most out of your claim
  • Represent your best interests in court if necessary.
  • Never charge you upfront. If there’s no recovery, there’s no cost.

Defective Medical Device FAQs

How long do I have to file a defective medical device claim?

Under Ohio law, the statute of limitations for personal injury claims is two years. However, if you file a medical malpractice lawsuit, the statute of limitations may be as short as one year. Make sure you contact a defective medical advice attorney in Ohio to get the necessary clarity.

Are there caps on the compensation I could be awarded?

Under Ohio law, there is a cap on non-economic damages of three times the value of your economic damages or up to $250,000 for personal injury and medical malpractice claims. If there is more than one plaintiff, this number could increase to as much as $500,000.

What should I do if a medical device is recalled?

Contact your doctor and then a personal injury attorney for legal guidance. It is important to explore your legal options and address potential health concerns with a trusted healthcare provider.

Is the manufacturer or my doctor to blame?

The FDA is responsible for protecting the public from defective medical devices. Despite the FDA’s lengthy approval process and clinical trials, flawed medical devices are still on the market.

Ultimately, the manufacturer and the associated parties are liable for defective medical devices. The following parties may be held responsible for defective medical devices that make their way to the market:

  • The designer
  • The manufacturer
  • A medical sales representative
  • A testing facility
  • A pharmacy or medical supplier
  • A doctor
  • A hospital, clinic, or another medical facility

Is my case a class action lawsuit?

Grounds for a class action lawsuit of this nature include proving multiple parties endured damages caused by a defective medical device. Your attorney can give you more information on whether other parties have also suffered injuries due to the defective medical device.

What is a bellwether case or trial?

Bellwether trials include sampling a larger group who has suffered damages resulting from a defective product, in this case, a medical device. They give all involved parties an idea of how much compensation injury victims should be awarded.

Harmed By a Medical Device in Ohio? Call KNR

If you’ve sustained an injury or lost a loved one due to a defective medical device, contact Kisling, Nestico & Redick to speak to our highly skilled Ohio product liability attorneys. After a thorough case investigation, we can inform you whether you have a valid product liability claim and determine who should be held liable for your damages. At KNR, we make getting what you deserve easier because what you’re going through is hard enough.

For a free consultation, contact us today at 1-800-HURT-NOW