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What Should I Do If I Have Been Injured by a Defective Medical Device?

Written by Ankin Law Office

Defective medical devices can cause serious injuries and even death. Medical devices of all kinds – including pacemakers, hip implants, and transvaginal mesh – are subject to federal safety requirements. These requirements vary depending on the type of medical device involved. Moreover, medical devices may also be subject to state product liability laws.

If you have been injured by a defective medical device, you should first obtain the necessary medical treatment. In some cases, follow-up medical care may be required to repair damage caused by the defective medical device. For instance, many patients who have received a metal-on-metal hip implant made by DePuy Orthopedics or Stryker Orthopedics may need to have a revision surgery in order to replace the defective hip implant.

After you have consulted with a doctor and obtained the appropriate medical treatment, you should consult with an experienced product liability lawyer. Product liability claims involving defective medical devices can be complicated, with a number of complex legal and factual issues. For instance, the Ninth Circuit recently held that a plaintiff may have both state and federal causes of action if injured by a defective medical device in certain cases. Many defective medical devices are the result of inadequate testing or hasty manufacturing procedures and may implicate class action claims.

It is important that, as a patient, you take control of your health. If you suspect that something is unsafe or seems amiss regarding a medical device, you should notify your doctor immediately. Patients and consumers should remain abreast of safety recalls provided by the U.S. Consumer Product Safety Commission.

If you or a loved one has been injured as a result of a defective medical device, contact the Chicago product liability attorneys at Ankin Law Office, LLC at (312) 600-0000 to learn more about a possible legal claim. After listening to the circumstances of your situation, we will conduct a thorough analysis of any possible legal claims. We will explain your legal rights to you so that you can make an informed decision about how to proceed, and we will vigorously advocate on your behalf to get you the compensation that you need and deserve.

Categories: Medical Devices