When people depend on a medical device, they expect it to be safe to use and to help them with their condition. But when those devices are defective, they can cause more injuries and problems. If you or a loved one has been injured because of a defective medical device, you don’t have to go through this process alone. A Lexington medical device lawyer from Golden Law Office can help you with your case.
We’re ready to fight for your rights and get you the compensation you deserve. You could be facing a large amount of medical bills, missed work and will continue to be unable to work while you recover, and have suffered because of the defective medical device. This stress can easily overwhelm anyone. That’s where we step in—to help you financially recover. We can give you peace of mind that legal professionals are looking out for your best interests so you can focus on healing.
What Makes a Medical Device Defective?
You may be wondering how a medical device could be defective and who could be responsible for creating a dangerous product. While the U.S. Food & Drug Administration sets strict standards to keep devices safe, some companies could cut corners or rush procedures to get their product in the market, which leads to unforeseen problems.
- Manufacturing. Medical devices can be harmful if they contain chemicals or materials that are toxic to humans.
- Design. There’s a chance that the device could wear down or break over time and cause painful injuries.
When defective medical devices are implanted via surgery, the patient will most likely need a corrective surgery to remove the device. This extra surgery could mean missing work and needing more time off to heal.
What Is a Class Action Lawsuit?
When a defective medical device is released on the market, it can affect a large amount of people. That group experiences similar side effects, injuries, or complications. They can sue the defendant together in a class action lawsuit. Not all defective medical device cases are brought forward as class actions, but many are.
This kind of lawsuit also helps with time and resources because it avoids going through each individual case. These cases can get confusing and complicated because of the number of people involved. If the defendant wins the case, the group of people cannot file individual lawsuits against them. If the plaintiffs win, they divide the compensation awarded to them.
Current Medical Device Cases
Retrievable inferior vena cava filters prevent blood clots from reaching someone’s upper vital organs like the lungs or heart. If a blood clot enters those areas, the person could suffer from serious injuries or a fatality.
Some IVC filter manufacturers have reached the FDA’s attention. The Cordis IVC Filter was recalled in 2013 because there was a risk of the filters being placed backwards. Another manufacturer called Bard has not had the product recalled, but there have been injuries caused by their filter malfunctioning. The FDA has also noted that the company’s manufacturing process doesn’t have validation that they met safety specifications.
Hernia mesh helps the hernia repair process of when an organ or fatty tissue gets through a hole in the muscle or connective tissue. There are many types of hernias, but the most common occur at the abdominal wall.
Hernias can be caused by an increase in pressure in the abdomen. Heavy lifting, gastrointestinal issues, obesity, and persistent coughing put people at risk for hernias. Hernia repair surgery is common and usually involves surgical mesh.
But when the hernia mesh isn’t safe, it puts the patient at risk. Dangerous hernia repair mesh can cause more pain, infection, obstruct the patient’s bowels, adhesion, and a recurrence of the hernia. Surgical mesh can also migrate from the site it was placed or the mesh can shrink.
In 2016, Johnson & Johnson’s subsidiary Ethicon is facing claims against its Physiomesh, a hernia repair mesh. People who received the mesh either had a recurrence of their hernia or suffered from other injuries because of how the mesh is made. It’s a plastic called polypropylene, which can erode after it’s been implanted. When the mesh deteriorates, the pieces can migrate throughout the body and cause more injuries and infections.
Many people are filing claims against Johnson & Johnson’s powder because it caused ovarian cancer. The plaintiffs say that the reproductive system can absorb the talc in the baby powder, which causes inflammation in the ovaries. While those coming forward are seeking financial compensation, they are also fighting to get the manufacturing giant to label the product so consumers know that there is a risk of cancer if they choose to purchase the product. Other solutions are to replace the harmful ingredient in the powder so there isn’t any danger of getting cancer at all.
Faulty Joint Replacements
As people get older, they may need a joint replacement surgery. Medical devices implanted in the arm, hip, or knee area need to be safe for long term use. Sometimes, the joint replacement devices aren’t held to the standards that they should be and cause more medical issues for the patient.
Defective replacements can fall out of place or be at risk of breaking down. When this happens, the area can be painful and bother the patients. These problems usually require another surgery to remove the device, and then the patients may have to wait until they heal so they can have a safe medical device implanted—finally solving their original problem.
Reach Out to a Lexington Medical Device Lawyer
Seeking legal help with your claim with Golden Law Office will mean a skilled medical device lawyer in Lexington, KY will be in charge of your case and getting you results. They can handle the calls from insurance adjusters or anyone trying to make you settle for less than you deserve.
Get in touch with Golden Law Office today at (859) 469-5000 for a free consultation and you can start planning your path to recovery.
Golden Law is a local, Kentucky Law Firm, attorneys/lawyers in Fayette County, Kentucky, working in the fields of personal injury, auto accidents, car and truck wrecks; medical malpractice: doctors, hospitals & nursing homes; senior living abuse: neglect, physical abuse, emotional abuse, dehydration, bedsores, catastrophic injuries, and broken bones. If you are considering a lawsuit, call us at 859.469.5000 for a free consultation. We are located at 771 Corporate Dr. Suite 800/ Lexington, Kentucky 40503. We handle cases all over the Commonwealth of Kentucky. We have represented and trained people in major insurance companies & major trucking companies. We have first hand experience and know the ‘inside of the insurance business’ … that’s a distinction that no other law firm can make. We’re Your Advocate. Dale Golden, Laraclay Parker.