Medical devices often represent the best of human intelligence and research. This equipment, whether implanted in the body or used as a tool for treatment, can relieve patients’ pain and even save lives. For instance, devices like pacemakers or ventilators can be crucial life-sustaining measures, while devices like knee and hip replacements can restore quality of life and allow people to walk without pain. However, when the medical device is defective, it often causes more problems than it solves, leading to medical complications, worsening symptoms, or patient death.
Our defective medical device lawyers in Maryland can help. If you or a loved one has been injured because of a faulty medical device, you may be entitled to fair compensation for your injury or disability due to that device. Speaking with an experienced Maryland medical malpractice lawyer from Jaklitsch Law Group can help you understand what compensation you may be entitled to.
The Jaklitsch Law Group Has Experience in Defective Medical Device Cases
At the Jaklitsch Law Group, our defective medical device lawyer in Maryland can guide you through the process of filing a lawsuit for a defective medical device and obtaining the compensation you deserve. The firm, established in 1999, offers nearly seven decades of combined experience handling personal injury and defective medical device claims. With over 9,000 cases won, our team is no stranger to speaking up for our clients in trials or securing six- and seven-figure settlements to help them get back on their feet.
Our defective medical device lawyers have varied professional experiences to bring to the table. This includes an attorney who worked for a major defense law firm, giving them a deep understanding of how large companies, like hospitals and medical device manufacturers, handle high-stakes cases.
We highlight the importance of seeing your case in its entirety. Our defective device lawyers know how important it is to fully understand your unique situation. We will use the individual context of your situation to build a convincing argument for full compensation.
Recent Medical Device Recalls and Lawsuits
Medical device safety is paramount when considering the devices you choose to put into your body, what you trust to keep you alive, or even the machines that administer medication. Some examples of defective medical device brands that have either had confirmed recalls or have been the subject of class action lawsuits that you may have been exposed to include:
- DePuy and Stryker hip replacements
- NuvaRing internal birth control ring
- Transvaginal mesh
- Medtronic Infuse bone graft implant
- Servo ventilator systems
- AirLife/Vyaire Infant breathing system
This is not an exhaustive list, and nearly any medical device can cause injury. If you are injured by a medical device, you may be entitled to compensation from a number of parties, including the manufacturer.
Common Types of Defective Medical Devices
Even lifesaving medical devices can harm patients when they malfunction. For instance, an implanted defibrillator or pacemaker that “fires” at the wrong time can cause serious heart damage and even kill a patient with otherwise well-managed heart disease. Some of the more common types of medical device defects our lawyers see include:
- Heart valves
- Joint replacements
- Pacemakers
- Stents
- Dental implants
- Hernia mesh or patches
- Prosthetic implants
- Intrauterine devices (IUDs)
To understand whether a given device may be “defective” and whether you may be able to file a defective medical device lawsuit, please contact a Maryland defective medical device attorney as soon as possible.
Medical Device Defects Can Have Multiple Causes
When one of our defective medical device attorneys begins to investigate your situation, one of the things they will likely prioritize is determining how and why the device is defective. Some of the facts they will need to discover include:
- Was the product defective from the manufacturer, and did the manufacturer know?
- Was the defect caused by mishandling or misuse by your care team?
- Did wear and tear affect the performance of the medical device?
Determining the cause of the defect is integral to determining who is responsible for your injuries. In some circumstances, you may expect to need a new implant or device after several years. Malfunction or failure within the expected time frame may be a symptom of standard wear and tear and would not be considered a product defect.
FDA Approval Can Impact Your Defective Device Lawsuit
If you do pursue a product liability claim against a medical device manufacturer, make sure that you check with our lawyers here in Maryland before pursuing a claim or seeking a settlement. Your chance at receiving a defective medical device settlement may be impacted by the FDA approval status of the device that injured you.
Each year, the Food and Drug Administration tests and approves thousands of medical devices before they can be marketed and sold. However, in 2008, the U.S. Supreme Court ruled that manufacturers cannot be held liable for a defective device if the device was FDA-approved. While this seems like it would provide manufacturers with the ability to flood the market with defective medical devices, it must undergo initial FDA approval and continue to meet standards with ongoing monitoring.
Device Manufacturers Must Self-Report Malfunctions and Safety Concerns
The FDA requires manufacturers of that device to disclose device failures or other adverse events that may cause patient death, illness, or serious injury because of the device. If the FDA issues a warning or device recall, the device manufacturer is again at risk for liability and can be sued by injured patients.
However, as long as the device is in good standing with the FDA, manufacturers are insulated from civil lawsuits. If you determine the device is still in compliance, you may need to investigate other sources of liability, including the medical facility or physician who utilized the device.
Liability In Defective Medical Device Lawsuits
When a person or entity fails to do their due diligence, and that causes something to go wrong with your medical device, you may be eligible to recover compensation for the damage that failure caused. Filing a civil lawsuit after being injured by a defective medical device can help you access the resources you need, as well as prevent other consumers from suffering the same harm in the future.
When you rely on a medical device to help you manage your health, you trust that device manufacturers have designed and sold products that will help you, not hurt or possibly kill you. Similarly, you expect that your medical team is diagnosing, treating, and using these devices appropriately. There are a few laws that can affect your case based on who may be responsible for your injuries.
Product Liability Laws
While your injuries from a defective medical device may constitute a personal injury claim, medical device lawsuits are also typically covered by product liability laws. Product liability laws, such as the Maryland Consumer Protection Act, protect the public from negligent manufacturers who knowingly create and sell dangerous products. This includes companies that inappropriately advertise their devices.
Medical Malpractice and Defective Devices
If your product defect is the result of a physician or surgeon error, the Jaklitsch Law Group may suggest pursuing a claim for medical malpractice. This may be appropriate if your medical device failed or became defective as a result of inappropriate use, improper placement or installation, or poor management by your physician. You may also have a claim if there was inadequate follow-up care from a medical professional.
For instance, your doctor may try to use a hip replacement in a “new” way that may make the installation easier for them, but much more dangerous and more likely to fail for you. A situation like that would likely become a case of malpractice rather than a defective medical device claim. Our Maryland attorneys will advise you on the best course of action based on the evidence in your case.
Important Deadlines in a Defective Medical Device Lawsuit
There are several time frames that victims of defective devices should be aware of after an injury. Among these are court deadlines and the statute of limitations on filing a lawsuit. If you fail to meet them, you may find yourself having to repeat steps, paying additional filing fees, or even losing your right to sue.
The minutia of court-appointed deadlines can vary depending on the schedule of your case. However, according to the Maryland General Assembly, the statute of limitations for medical malpractice is five years from the time that the injury occurred or three years from the time that the injury was discovered.
If your injury was caused by a manufacturer’s negligence, you may pursue compensation from the company. According to the Maryland General Assembly Statutes, 5-101 provides a three-year personal injury statute of limitations from the date of injury.
It’s Best to Contact a Lawyer as Soon as Possible
Our team is happy to help at any stage of your case. However, the sooner you reach out, the sooner we can begin taking steps to build your case, negotiate on your behalf, and help you limit your liability.
The insurance company is not your friend, and they will use conversations against you to decrease their liability if they can. Early intervention of an attorney can minimize the fallout.
Your Defective Medical Device Case May Take More Time Than You Expect
Three years can sound like a lot of time to figure out what you want to do, but there are several things you might need to do before taking official legal action through a lawsuit.
For example, in most circumstances, a judge would like to see that you engaged in good-faith negotiations before turning to the courts. To do this, a defective device attorney will need time to thoroughly investigate the situation, including time to gather medical records, witness testimony, and possibly statements from other professionals in the field. This can take weeks or months.
When you enter into negotiations, there is often a significant amount of back and forth before coming to an agreement. Each party has time to consider and respond to evidence and settlement amounts. You may need several exchanges to determine that you are no longer willing to negotiate and take the case in front of a judge.
Some Factors May Affect the Statute of Limitations of Your Case
While the above timelines are the general starting point, several factors can impact the time you have to file a claim. These can include:
- Discovery of injury
- The age of the victim at the time of injury
- Whether the injury affected reproductive organs
Other conditions may apply that can toll your statute of limitations, allowing more time to decide what to do. However, it is safest to immediately consult with an attorney who can help you understand how these exceptions may or may not apply to you.
Compensation Available in a Defective Medical Device Case
When you sustain an injury from a defective medical device, it often comes at a significant financial and emotional cost. The emotional benefits of seeking justice for your injuries are undeniable for many, but most people pursue this path trying to maximize the financial compensation they get. The damages you claim are unique to your situation, but some of the more common considerations include those for:
- Medical bills
- Travel and costs associated with related treatment
- Lost wages
- Pain and suffering
- Emotional anguish
- Loss of consortium
If you have lost a loved one due to a defective device, certain family members may be eligible to claim compensation for wrongful death. Further, if you can demonstrate that the responsible parties acted with gross negligence, or even malice, you may recover punitive damages.
Contact Our Defective Medical Device Lawyers in Maryland
At the Jaklitsch Law Group, our clients get to work directly with our team of dedicated legal professionals. We return your calls and e-mails promptly and keep you informed of important developments in your case. The best win we can have as a firm is gaining the trust of our clients.
If you are unable to visit us at our accessible office in Upper Marlboro, we are glad to meet you at your home, in the hospital, or in another convenient location. Initial consultations are free, and you will pay no attorney fees unless we win your case. You can contact our law firm today to schedule your consultation and discuss your options.
