Although everyone is aware that some defective products inevitably slip through FDA-required inspections, it is alarming to realize that medical devices, designed and manufactured to improve and/or save lives, sometimes put those same lives at grave risk. The medical malpractice attorneys of Staples, Ellis & Associates, P.A., who have successfully served clients in Pensacola and throughout Northwestern Florida for almost two decades, are dedicated to defending the rights of victims who have been harmed by a defective medical device.
If you have suffered serious injury as a result of a defective medical device, contact our accomplished attorneys now for prompt, effective legal representation. We have the in-depth knowledge of federal and state law to assess whether you have a viable case. Once we determine that you do, we will use our well-honed litigation skills to fight aggressively to get you to receive the compensation you deserve.
You can rely on us to be compassionate as well as sharp. We have a history of positive outcomes and work on defective medical device cases on a contingency basis. This means that you will not be charged any attorneys’ fees until we win you the damages you are entitled to.
Examples of Defective Medical Devices Are Not Hard to Find
Tragically, as more innovative and complex medical devices become available, more slippage seems to occur. Patients who wait eagerly for new products to enhance their appearance, decrease their pain, improve their mobility, vision, hearing, and energy level, not to mention lengthen their life spans, may sooner or later regret doing so.
Examples of defective medical devices include:
- Robotic surgical systems
- Silicone breast implants
- Hip implants and other artificial joints
- Artificial vertebral discs
- Insulin pumps
- IVC (Inferior Vena Cava) filters
- Drug-coated heart stents
- Defibrillators
- Pacemakers
- Vaginal mesh implants
- Intrauterine devices
- Implantable contraceptives
Harm These Defective Medical Devices May Cause
Defective medical products have caused a wide range of personal injuries, including cobalt toxicity from defective hip implants and deep vein thrombosis (DVT) from defective pacemakers.
Whether your life has been turned upside down by a defective vaginal mesh implant or a defective insulin pump, or you have suffered the misery of losing a loved one to a defective defibrillator, Staples, Ellis + Associates is here to help.
Services Our Defective Medical Device Attorneys Will Provide
As your defective medical device attorneys, we have two primary goals:
- To obtain maximum damages for you and your family
- To pinpoint the parties responsible so we can hold them accountable
In order to achieve these goals, we will:
- Thoroughly examine medical data
- Interview witnesses
- Consult with medical and mechanical experts
- Create a powerful litigation strategy
- Negotiate with, and if necessary, litigate against opposing counsel
Because of our extensive legal experience, we know precisely which arguments will be persuasive in court and how best to defend your rights.
Why do defective medical devices make it to healthcare facilities?
The chief reason so many defective products continue to appear — in hospitals, surgical centers, and other healthcare sites — is greed. Fierce competition makes designers, manufacturers, and sellers rush to reap the rewards of being first with innovative products.
All too frequently, this results in a lack of sufficient testing and analysis of test results. It takes time to make certain a new medical device works as it is supposed to and continues to do its job as months and years pass. Too often, because a rush to approval means a rush to market, corners are cut, testing is abbreviated, and data is compiled and analyzed too quickly. In the end, innocent patients may pay the physical, emotional, and financial price of a medical device hitting the marketplace prematurely.
When the Error Occurred Makes a Difference
Medical devices can develop defects at several points before they affect your health:
- During the design process when some detail of structure or function taken into consideration
- During the manufacturing process when inferior materials are used or the assembly line is not under careful enough supervision.
- During the marketing process when essential instructions or warnings are omitted from packaging
Pinpointing when the mistake occurred makes it possible for us to target the responsible party in our lawsuit.
Compensatory Damages Our Attorneys Will Fight to Recover for You
We know how traumatic it is to have a medical device that was supposed to repair damage and improve your quality of life cause you severe injury. You are entitled to substantial compensation for all you have been through and may continue to endure. We will work diligently to recover damages for:
- Medical and rehabilitation costs
- Lost income, present and future
- Replacement costs
- Pain and suffering
- Permanent disability
- Permanent disfigurement
- Loss of consortium
If you are mourning a loved one who did not survive the assault of a defective medical device, we know we cannot lessen your grief. We will, however, fight for damages to reimburse you for final medical costs, the deceased’s pain and suffering before death, funeral and burial/cremation costs, and your loss of financial/emotional support.
Strict Liability
Fortunately, under the principle of strict liability, we do not have to prove that there was intention or negligence behind the conception, design, or manufacture of the defective medical device. We only have to persuade the court that [1] the product was in the same condition at the time of the injury as when it left the manufacturer and [2] the product was the immediate cause of your injury.
In egregious circumstances, we may discover that even though the defect was noticed at some time during development or production, the medical device was never recalled. If this occurred in your case and we can prove that the responsible party callously put monetary gain above human well-being, we may well be able to recover punitive damages as well as compensatory ones.
Contact Our Experienced Defective Medical Device Attorneys Now
The sooner you get in touch with our competent, caring law team, the sooner we can tackle your case, and the closer you will be to receiving the compensation and sense of justice you deserve.
The Defective Medical Device Attorneys at Staples, Ellis & Associates serves clients in Pensacola County, Escambia County, Santa Rosa County, Okaloosa County, Walton County, and throughout Northwest Florida.