Call (800) 900-0863 Today So We Can Recover the Compensation You Deserve
Of all the products you should be able to trust, medical devices are near the top of the list. Unfortunately, medical devices are prone to manufacturer error, just like any other product. Unlike any other product, however, these devices can have a deep impact on your health and cause life-threatening complications.
If you or a loved one was injured or killed by a defective medical device in the San Jose area, our attorneys at Caputo & Van Der Walde LLP are here to help.
What Kinds of Medical Devices Can Be Defective?
Any device that enters your body in a medical context can be defective. If you develop an injury or illness after receiving an implant or surgical procedure, the device may be to blame. Contact your doctor as soon as you notice any adverse side effects and call an attorney if you believe the device is responsible for your ailment.
If your claim involves one of the following devices or procedures, contact our firm right away:
- Pacemakers or implantable cardioverter defibrillators (ICDs)
- Pain pumps or insulin pumps
- IVC blood clot filters
- Heart valve implants or replacements
- Drug-coated stents
- Hip or knee replacements
- Transvaginal mesh
- Breast implants
- Power morcellation
- Birth control devices (Essure, Mirena, and Nuvaring)
- DaVinci surgical robots
- LASIK eye surgery
Some devices are functional but difficult to sterilize. For example, hard-to-clean scopes may host superbugs and cause serious infections when used on patients, even if they are not implanted or used in intensive procedures.
If manufacturers fail to sterilize their products properly, otherwise operable devices may inspire infection. In some cases, one “batch” of defective products may be distributed. This is especially dangerous when the distributor (or brand name) has already established trust in the medical field.
Fighting an infection after a routine medical procedure? Call us at (800) 900-0863 today.
Protections in Place
Every medical device must receive approval from the U.S. Food and Drug Administration (FDA) before being distributed to patients and providers. New products must undergo laboratory testing and clinical trials before being considered by the FDA, but adverse events can arise after this period of exploration, and long-term effects are particularly difficult to anticipate.
To make matters worse, some manufacturers intentionally hide defects from the FDA, even though the administration is cracking down on its omission loopholes. When negative side effects or patient health concerns come to light, the FDA may choose to recall the defective product, or require the manufacturer to issue warnings.
Once a product is mentioned in an FDA Safety Communication, consumers should beware. Assuming a recall, warning label, or Safety Communication has been announced, it is up to medical professionals and consumers to eliminate or carefully consider using the flagged medical device.
What to Do if You’ve Been Affected
Sadly, the FDA does not always issue recalls prudently. All too often, many patients suffer harm from defective medical devices before they’re ever removed from the market. If you have been hurt, you may be able to hold the manufacturer accountable. If a product has not yet been taken off the market, your case could also be a deciding factor in preventing illnesses and injuries in the future.
Additionally, filing a claim can help you cover the costs of treating your ailment. Any damages you are awarded in a product liability lawsuit can help cover:
- The costs of your initial surgery or treatment;
- Subsequent medical expenses;
- Rehabilitative care;
- Missed wages;
- Diminished earning potential;
- Decreased quality of life; and
- Pain and suffering.
Most manufacturers have no intention of harming consumers and simply hadn’t discovered their products’ defects at the time they were released to the public. However, if a manufacturer was found intentionally omitting a danger, or otherwise prioritize profits over patient health, you may also be awarded punitive damages. Punitive damages are designed to punish the manufacturer and discourage other entities from behaving similarly.
Get the Help You Need Today
At Caputo & Van Der Walde, we fight to help you recover, in every sense of the word, and we do not get paid unless you win your case. With over 85 years of collective legal experience, a history of success, and hundreds of satisfied clients throughout the San Jose area, we are more than equipped to handle your lawsuit.
For top-tier representation in San Jose, call (800) 900-0863 today or schedule a free case review online.