Investigating dangerous medical devices
Although we expect the Food and Drug Administration (FDA) to oversee proper testing and manufacturing of the millions of medical devices produced every year, the sad truth is that some companies hide or manipulate data go get their products to market. Even when it is clear their products pose a serious threat to public health, many companies refrain from pulling their devices from the market and compensating injured victims.
Fortunately, the law gives victims the right to hire experienced medical device lawsuit attorneys to investigate exactly what and when the company knew about its defectively designed or manufactured products. Without the courage of victims to come forward and the determination of attorneys to press drug and medical product companies for answers, many of these giant companies would go unpunished.
How do medical device lawsuits work?
Defective medical device lawsuits are complex pieces of litigation that require intense preparation and attention to detail. While every lawsuit is different, the basic steps of filing a lawsuit against a medical device maker include:
- Gathering medical records – Our staff will gather all your medical records to properly document the extent of your injuries to prove your injuries were caused by the defective medical device
- Consulting with medical experts – Your attorney will consult with leading medical experts in the medical device field to demonstrate the inherent flaws and defects of the product that caused your medical condition
- Sending a demand and filing a defective medical device lawsuit – The next step will be to send a demand letter to the device manufacturer outlining your injuries and the compensation sought. If the company does not accept the offer, your attorney will formally file a lawsuit with the appropriate court
- Discovery – The phase of the suit where your lawyer will ask the other side for information on the design, manufacture, and testing of the device that caused you harm. Often times, discover uncovers critical internal company documents and testing that show the company knew of warning signs with the device still but pushed the product through to market
- Mediation and settlement negotiation – Most lawsuits are resolved outside of court between the two sides. If possible, your attorney will attempt to negotiate a settlement with the device maker and avoid costly and prolonged litigation
- Trial – If an out of court resolution cannot be reached to your case, your experienced defective medical device attorney will take the case all the way to trial in front of a jury of your peers to determine what compensation you may be entitled to
How much compensation can I recover in a defective medical device lawsuit?
While nothing can undo the physical and emotional harm from suffering an injury from a dangerous medical product, the law none the less prescribes monetary awards as compensation for damages. The type and amount of compensation you may be entitled to include damages for:
- Medical expenses
- Lost wages
- Pain and suffering
- Other damages to punish the defendant (punitive damages)
Monetary damages for past medical expenses and lost wages are relatively simple to argue since your attorney can provide pay stubs and medical bills to show how the injury has affected you. To prove future medical expenses related to your treatment and how the injury will affect you moving forward, it may be necessary to consult with other medical and economic experts to lay out what the future most likely holds.
Quantifying damages for physical pain and emotional suffering can be more difficult to express in dollar amounts since they are personal to the victim. However, an experienced and dedicated personal injury lawyer will help convey to the defense, court, and jury the severity of the injury and how it will impact the victim moving forward.
Why choose The Cochran Firm, D.C.?
Founded by the late Johnnie L. Cochran, Jr., The Cochran Firm, D.C. continues to follow the guiding principles of representing ordinary people and not powerful corporations trying to skirt liability. In addition, our personal injury law firm has access to some of the top experts in their field to help prove our clients’ cases and ensure justice is served.
What sets us apart from other firms is the dedication and personal attention we give to each and every one of our clients throughout the litigation process. Our defective medical device attorneys only take on a few select cases, ensuring every case is given the thought and attention it deserves.
Furthermore, our attorneys represent clients on a contingency basis. What this means is that we do not charge any upfront costs to speak to us or investigate your case and we never collect any legal fees until we win. For your free consultation, call our toll free number at 1-800-THE FIRM (843-3476) or fill out an online contact form with the detail of your case.