Legal Help If You’ve Been Injured by a Defective Medical Device
Most of us trust our medical professionals to use only treatments that have been rigorously tested and approved by the FDA. Unfortunately, many FDA-approved medical devices – or medications to treat certain health conditions – are later discovered to cause harm to patients. These devices may be pulled off the market voluntarily, while others are required by the FDA to issue new warnings to the medical professionals who use them. Those patients who have been injured by a medical device hold the right to pursue compensation for damages.
Medical Device Lawsuits and Claims: Hip Implants, Surgical Mesh and Others
All cases of defective product liability are by their nature dangerous, but in the case of medical interventions, the stakes are exceptionally high, as the injured party often had compromised health to begin with. Some of the medical devices most commonly associated with malfunctions and subsequent personal injury claims include:
- Hip Implants. Metal-on-metal ball and socket hip implants are stronger and more durable than their plastic and ceramic counterparts, but the threat of metal debris breaking down and entering the body can lead to serious medical problems.
- Drug-Coated Stents. A stent is a small plastic or metal tube with a lattice-like structure that is designed to be placed permanently inside an artery or blood vessel to support its walls, and some are coated with drugs in an attempt to minimize the risk of blood clotting, scarring, and other complications. While the FDA stands by their use, adverse outcomes have been reported, and research surrounding the safety of drug-coated stents is limited.
- Defective Drugs. From antidepressants to diabetes medication and everything in between, the pharmaceutical industry is rife with medications that are associated with negative side effects and could even be dangerous.
- Transvaginal Mesh. Transvaginal mesh is used to provide support and reinforcement to the vaginal wall, but outcomes suggest that it may be not only ineffective, but also incredibly dangerous. Breakdown of the material can cause complications, and sharp edges left can perforate the vaginal wall, in some cases allowing urine and fecal matter to leak into surrounding organs.
Moving Forward with a Claim
In Texas, a product liability lawsuit involving a defective medical product must be brought within two years of the date of the injury, so it is imperative that you speak with qualified legal counsel in a timely manner if you believe you have grounds for a claim. If you’ve been injured and are facing steadily mounting medical bills, you may think that a quick settlement is the easiest way to get what you need. But chances are, you will be offered far less than you are entitled to, especially if the settlement is based upon existing injuries without taking into account medical issues that could arise later as a result of the defective product.
Negotiating a reasonable settlement may be in your best interests, but it is also possible that you will need to take it as far as the courtroom. At The Law Offices of Crowe Arnold & Majors, LLP, we have won over $110,000,000 in damages over our years in practice. If you’ve been injured by a defective medical product and have reason to believe the manufacturer may be liable, contact us today at (214) 231-0555 to discuss your options.