With the advancements in modern science and technology, many people today are dependent on different medical devices to better their health and improve their wellbeing. Medical devices, under federal law, are defined as the devices that are used by medical practitioners in treating patients for injuries, diseases, or disabilities. While the entry of these medical devices in the U.S. is regulated by the Federal Food and Drug Administration Authority, thousands of people still get injured while these products are used by them or on them.
If you have also suffered a catastrophic or serious injury because of these defective medical devices in Kentucky, you can turn to our product liability lawyers for help. We have helped many clients in their defective medical products claims under the product liability laws and have assisted them in getting the compensation they deserved. Our experience and strength in litigation involving product liability cases has helped us in being recognized as one of the leading personal injury law firms in Kentucky.
The medical devices that come under this law include but are not limited to the following:
· Contraceptive devices: Devices that are used as a means of contraception, such as intrauterine device.
· Stents: Stents are drug coated tubes that are inserted into an artery as a measure to prevent blockage.
· Defibrillators: Also known as pacemakers, these are inserted into the heart of the patient to help them maintain a normal heartbeat.
· Implants: These are synthetic medical devices that are implanted into the body of a patients to make up for an impaired body part such as shoulder or hip to help the patients restore their normal function.
Types of Defective Product Claims Involving Medical Devices
Medical devices, under the strict product liability claims, must be safe to use and free of all kinds of medical defects that may lead to a harm in the user. There are three main categories of medical devices defect claims and you can file a claim under one of these categories.
1. Design Defect
Design defect in a medical device, as the name suggests, is a defect in the architecture of the medical device. These devices are manufactured properly but they caused an injury because of the defective or dangerous design they had. Some defective medical devices may cause an injury due to their breakdown or mishandling when they have been in the market for a long time. In other cases, the plaintiff may claim that the manufacturer of the medical device may have known about the defect but concealed it deliberately or took too long to take the product out of the market.
2. Manufacturing Defects
Manufacturing defects are the ones that occur because of a defect in the manufacturing process. These defects are caused either at the manufacturing facility while the product is being manufactured, during the process of shipping of the product or at the doctor's office or the hospital. If the defect in the medical device occurred any time between the product was manufactured and received at the intended place, the responsibility falls on the shoulders of the manufacturer. Any member in the entire supply chain of the defective medical device can also be held liable for the injury caused by it. This includes the wholesalers, distributors, and retailers.
3. Marketing Defects
A medical device also comes under the product liability claim if it was not marketed the right way. This includes any recommendations, instructions, or warning that were marketed the wrong way about the medical device and its intended use. It is the legal duty of the manufacturer to warn the user of the medical device about any non-obvious, specific, and even unforeseeable dangers of using the device. It is also the duty of the manufacturer to provide clear information on how the device should be used and any failure for which they can be held liable.
If you are injured through a defective medical device, you can file a product liability claim against the medical practitioner or the manufacturer with the help of seasoned attorneys from Christopher Jackson Law. However, it is important to make sure that the device remains in the same condition as it was when it caused the injury. If the device is tampered with or is lost, proving the product liability claim becomes difficult and can result in the dismissal of the lawsuit you have filed. You are eligible to be compensated for the damages the medical device has caused you. This include the compensatory and punitive damages.
Why Choose Christopher Jackson Law?
Our personal injury attorneys in Kentucky have years of experience dealing with all types of personal injury cases. We have helped many clients in their product liability claims from dealing with the legal work to assisting them in seeking the compensation for the damages inflicted upon them by a defective medical device. When clients come to us for help, we investigate the case inside out and try to find out what resulted in the injury and who was at fault. We determine the extent of damage sustained by the victim and then help them build up a case for defective product liability. We understand that a one-size-fits-all approach does not work in personal injury cases. Thus, we take every case as new and handle it in a different way, as is required according to its specifications and findings.
Call us at 859-261-1111 for free consultation about your defective product liability case or get in touch with us through our contact form to talk to one of our specialist personal injury attorneys in Kentucky.