People depend on medical devices and drugs to improve the quality of their lives. It can, therefore, be devastating to discover that the device or drug you received is responsible for even more pain and suffering in your life.
The attorneys at Rosengard Law Group will fight to bring the responsible parties to justice. We’ll fight on your behalf to obtain just compensation for your injuries and damages. Contact us now to speak to an injury lawyer in Newark for free. Our experienced attorneys will evaluate your case in a free consultation and walk with you on the best approach to getting your compensation. Take action now to recover compensation for your losses and prevent the same thing from happening to many others like you.
Why Are Defective Medical Devices Widely Available
Medical devices aren’t developed with the aim of causing harm. Quite the opposite, they are developed to improve the quality of life. Defective devices are those that aren’t properly tested. The research around these products isn’t conclusive before they are released to the market.
Many defective devices are released into the market as a result of the Food and Drug Administration’s (FDA) quicker approval process known as the 510(k). This process allows for quicker approval of medical products that are similar to other products that are already available in the market. These products, therefore, do not undergo the normal testing process as required for new products.
This process is faster and less expensive for manufacturers of medical devices. However, these manufacturers do not undertake long term studies to ensure their products are safe. Hence many products entering the market are defective and therefore unsafe for use by consumers. Many consumers are suffering from the devastating consequences of using these products. Many others have died as a result of using these dangerous products.
If a medical product or device in the market does not meet the FDA’s safety laws, a recall may be issued to force its correction or complete removal from the market. Recalls are considered voluntary actions taken by the product manufacturers or distributors. It is part of their legal responsibility to protect the well-being and health of the consumers as well as the general public from the defective product.
Newark medical device attorneys have experience representing consumers who have been suffered injuries or damages from defective products recalled under:
Class I Medical device Recalls
These are the most serious recalls. There is a reasonable probability that these products could be the cause of serious negative health issues or death.
Class II recalls
The negative health effects of these products are either temporary or can be medically reversed. Products may also be subjected to a Class II recall if the likelihood of the severe negative health effects they can cause is considered remote.
Class III recalls
These recalls feature the least dangerous products. The products are recalled if they are shown to be defective but are not likely to cause any negative health effects. However, the dangers of the defects still present an issue that warrants a recall warning.
Most Common Medical Products Recalled
Medical device failures are becoming more common in the US. Hundreds of thousands of people are reporting injuries resulting from the use of defective medical devices every year. Our lawyers are experienced in handling defective medical product liability cases involving a wide variety of products including:
- Hip replacement devices
- Knee implants
- Hernia mesh
- Transvaginal mesh
- Cardiac devices
- Insulin pumps
Types of Product Liability Claims Newark Medical Device Lawyers File
If you’ve been injured as a result of using a defective medical product, you may be eligible to seek compensation from the manufacturer of the device. Our Newark injury attorneys can file a product liability lawsuit for you based on:
The manufacturers’ failure to warn
Manufacturers have a responsibility to warn consumers of the potential risks of using their products. They can be held liable for injuries that patients suffer if they fail to warn patients of the dangers of using the products.
Flaws in the design of the product
Manufacturers can be held liable for injuries suffered as a result of the effects in the design of the products.
Failure to recall defective products
If a medical product is found to be dangerous and the manufacturer fails to recall it from the market, they can be held liable for any injuries resulting from the use of the defective product.
What You Should Do if You Have Been Injured by A Defective Product in Newark
- Secure the product whenever possible by keeping it in a safe place out of the reach of other people.
- Seek medical attention from your doctor. They will advise you on an alternative treatment or steps to take to prevent further injury.
- Gather any documentation relating to the product including packaging, instruction booklets, and manuals.
- Contact Rosengard Law Group to speak to a Newark medical device attorney. We offer free consultation for a case assessment.
Never get in touch with the manufacturer directly. Most importantly, do not give the manufacturer the product for testing or any other reason.
Hire a Newark Medical Device Lawyer
If you or someone you love has been injured as a result of using a defective medical device, seek medical help from a doctor. Your next step should be getting in touch with us. We’ll fight on your behalf against manufacturers of defective medical devices as well as their insurance companies. We’ll fight for you and your family will get the compensation you deserve.