Many Americans have been proscribed a medical device at some point in their life. Unfortunately, some medical devices over the years have been bad devices. Sometimes the medical devices are harmful in unforeseen ways. Have you used a defective medical device? Discovering a defective medical device has harmed you is only the beginning of a long process full of intricate steps to get the closure needed to move on with your life. Taking on the insurance and medical device company and learning the law are extremely intimidating tasks. Don’t go through it alone.
Here at Merck Law, LLC we dedicate our practice to injury victims. We are a team of lawyers known for not being afraid to go to trial fighting for the injured, our client. Our team has over 38 years of experience. This could be your first time considering calling an injury attorney. You may be experiencing pain and discomfort. You may be confronting unpaid and unexpected medical bills, time off of work and don’t know what to do or how to proceed. Contact us for a free consultation.
Can a Defective Medical Device Lawyer Help Me?
It is a terrifying time being harmed by a defective medical device. To gain a clear understanding of how to proceed, we recommend contacting a defective medical device lawyer. It can be helpful having someone fight for you with your defective medical device injury.
Investigating your Accident
A personal injury lawyer can assist in investigating your case. Key evidence can disappear. Witnesses can move or change phone numbers. Memories can fade. The more information collected regarding the case helps create a better picture of the incident. Information collected can help attribute fault and prove negligence. Investigation can include:
- Investigating the defective medical device
- Interviewing witnesses
- Taking pictures of the damage to your body
- Reviewing reports and written statements
- Researching the defective medical device and defective medical device company
- Reviewing medical records
The law potentially allows for an injured party to pursue a negligent parties insurance for damages suffered from the defective medical device.
Calculating Personal Injury Damages
Damages in a personal injury defective medical device case include money an injured party has lost due to an injury. Personal Injury Damages can include, but are not limited by, medical bills, prescriptions, time off from work, recovery time, and pain and suffering. Insurance policies in cases are available in some cases to cover the damages suffered by injured clients. Insurance companies and injured victims do not always agree on the value of the damages to the injured person. A free consultation with an attorney can assist in evaluating the damages suffered in a personal injury.
Personal Injury Demand Letter
Merck Law, LLC personal injury attorneys will draft a demand letter for our clients to the insurance company when and if applicable. Personal injury demand letters can involve statutes and case law unique to the State. Our personal injury team has experience sending hundreds of personal injury demand letters.
Negotiation with the Insurance Company
Insurance companies have a financial interest in reaching settlements as low as they can. Attorneys at Merck Law, LLC can help navigate the complexities of personal injury settlements. We have experience evaluating the fairness of an offer of settlement by an insurance company.
Representing You in Court at Trial
Most defective medical device personal injury cases do not need to go to trial. The insurance company will typically make your attorney a fair offer on the case to reach a settlement. However, if the case does not settle, a personal injury trial attorney can fight for you in the court room.
A personal injury attorney can advise you if they think your case should go to trial. They can advise you of the trial process. Then they can file a lawsuit on your behalf. During a court trial, the lawyer will present your case to a judge or jury. Then the judge or jury will determine if you are entitled to recover and how much you are entitled to recover.
Common Causes of Defective Medical Device Injuries
Many defective medical device injuries involve some form of irresponsible behavior on the part of the at-fault company. These wrongful acts contribute to negligence. Common causes of defective drug injuries in the past include:
- Joint Replacement
- Hernia Mesh
- Hip Replacement
- Apex K2 Hip Implants
- Bard IVC Filters
- Cook IVC Filters
- Depuy ASR
- Halo One Sheath
- Standard Offset Cup Impactor
- Stryker Accolade Hip
- Stryker Hip Implant
- Stryker Rejuvenate Hip
- Transvaginal Mesh
- Wright Medical Hip
- Zimmer Kinectiv Hip
- Zimmer Nexgen Knee
The Attorneys of Merck Law, LLC are skilled at identifying contributing factors to the incident. This makes it important to call a defective medical device attorney as soon as possible to discuss the specific facts of your case.
Defective Medical Devices Could Have Been Used on You
Medical device companies make money each year from medical devices. Defective medical devices exist. Are you experiencing problems with your medical device? The U.S. Food & Drug Administration (FDA) can recall a medical device after it is inside of your body. The FDA will recall a device to make a correction to the device or to remove the device from being used or sold. A recall usually indicates some health risk from using the device or a known defect in the device. Manufacturers and distributors can also recall a device voluntarily. Recalls have different classes of severity. Contact us for a free consultation if you feel you have been harmed by a defective medical device.
Personal Injury Statute of Limitations
How long do I have to file a personal injury claim in Georgia? A statute of limitations is a law that creates a strict time limit on an injured person’s right to file a lawsuit in civil court. When an injured person misses the statute of limitations, the defendant can use the statute of limitations as a defense against the suit. Rare exceptions do apply to extend the filing deadlines. Every case is different and every state has its own statute of limitations. It is important to contact an attorney in the jurisdiction in question for legal advice as to the statute of limitations in your state.
Do I have a Case?
If you were injured by the negligence of someone else, it is possible you may have a case. Every case is different, so it is important to get a free case evaluation to find out if your case meets the criteria. Each state has its own laws that may apply differently depending on the jurisdiction. If you have been injured by the negligence of someone else, reach out to us today for your free case evaluation.