Many people across the U.S. use a medical device designed to treat a condition or relevant symptoms. The defective medical device lawyers in Texas at Thompson Law know that most patients don’t expect that device to malfunction or to cause serious injuries. When that happens, it may be followed by a defective medical device lawsuit.
A broad range of medical conditions and problems may prompt you to schedule an appointment with your doctor wherein he or she prescribes a medical device to assist you with recovery or management of the symptoms of such a condition. You expect that medical devices were developed to help you and other patients like you.
This is why it can be catastrophic when you realize that your medical device is defective or otherwise leaving you to pay the consequences of the device makers’ rush to market with a product that was not safe for consumer use. Prior to bringing a medical device to the market, manufacturers are responsible for testing it and pursuing possible side effects or interactions that could prove problematic for patients.
In some cases, their clinical trials may be hurried in an effort to get approval to be placed on the market and to begin making profits back on something that has taken months or years to develop. In other cases, they may not have completed the appropriate testing, or they knew about a serious issue that emerged during a clinical trial process and failed to report it.
If you or a loved one have been injured by a medical device, call our defective medical device lawyers in Texas for a FREE CONSULTATION.
A medical device is any instrument, apparatus, implement, machine, or related article used to diagnose, prevent, mitigate, treat, or cure a medical condition. Unlike pharmaceutical drugs, medical devices accomplish their intended purpose without relying on chemical action within or on the body. These devices can range from simple, everyday tools like thermometers and bandages to complex, cutting-edge technologies such as pacemakers, surgical robots, and magnetic resonance imaging (MRI) machines.
Medical devices are generally categorized based on the level of risk they pose to patients. Class I devices, such as bandages, present the lowest risk, while Class II and III devices, like insulin pumps and implantable heart valves, require stricter regulations and testing due to their potential impact on health. The development, testing, and monitoring of medical devices are governed by stringent standards to ensure their safety and efficacy for patient use.
Without all of the information, physicians who suggest medical devices and the patients who end up using them are not able to make an informed decision. In fact, some of these patients may not even know whether an alternative is available and end up using a device that compromises their health.
One of the most unfortunate aspects of defective medical devices on the market today is that most patients using them will not realize it until it is far too late. For example, consider the metal on metal hip implants that have led to metal poisoning in the blood for patients.
This can lead to life-changing consequences for a patient. Likewise, doctors need all of the relevant data in order to determine which medical devices are safe to prescribe and recommend to patients.
When they do not have all of the information because the manufacturer has failed to equip them with it, mistakes can be made that lead to an injury – or worse – for a patient. Defective medical devices have been in the news in the last several years because of a growing number of class-action lawsuits and reports filed with the Food and Drug Administration (FDA) regarding medical devices that had major side effects linked to them.
Although a broad range of protocols and clinical trial requirements aim to capture problems before a medical device becomes available for patients, this does not always prevent dangerous devices from making it to market and injuring those patients. This is why Thompson Law encourages those victims to file a defective medical device lawsuit to send a message to the manufacturer about safety being a top priority.
Defective medical devices have caused significant harm to patients when they fail to perform as intended. Manufacturers sometimes recall these devices due to safety concerns, design flaws, or manufacturing defects.
Below are some examples of medical devices that have been subject to recalls:
A more comprehensive list of Medical Device Recalls can be found on the FDA’s website.
Medical device recalls occur for a variety of reasons, largely aimed at protecting patient safety and addressing issues discovered during or after the device’s release to the market. These recalls help mitigate risks associated with defective or unsafe products. Below are some common reasons for medical device recalls:
Whatever the reason your device was recalled, our defective medical device lawyers in Texas may be able to help.
If your medical device is recalled, it is important to act promptly and follow proper steps to ensure your safety and resolve the issue effectively. Below are key actions our defective medical device lawyers in Texas recommend you take:
Reporting your concerns to the FDA and an experienced defective medical device lawyers in Texas also can help other people from suffering a similar fate. For example, if you had a medical device that turned out to be defective and caused you serious medical issues as a result, your decision to report this could join a growing body of adverse event reports that are ultimately used for that device to be recalled or taken off the market entirely. Such reports protect other consumers and families from having to deal with the devastating consequences of a device that never should have been available to begin with.
Often, it is these adverse event reports and class action lawsuits against defective medical device manufacturers that stop the behavior once and for all. Being able to identify a Texas defective medical device attorney who has extensive experience in the field is strongly recommended. You have a limited period of time in which to file a lawsuit to hold a manufacturer accountable. Taking action sooner rather than later protects you and protects others. Furthermore, it sends a message to the manufacturers that this kind of behavior will not be tolerated.
Contact an experienced defective medical device lawyers in Texas at Thompson Law today or fill out the form below for your FREE CONSULTATION.
We provide defective medical device victims with dedicated and tenacious legal representation, ensuring that you get fair value for your claim. Our defective medical device lawyers in Texas will build a strong case with supporting evidence so that you recover the money that you deserve.
When it comes to defective medical devices, several parties may be held liable depending on the circumstances surrounding the case. The liability often falls on the manufacturer of the device, as they are responsible for ensuring their product is safe for consumer use. If a design flaw, production defect, or failure to warn consumers about known risks contributed to harm, the manufacturer can be held accountable.
Additionally, distributors, sellers, and medical professionals could also share liability if negligence on their part played a role in the injury. For example, suppliers or retailers that failed to inspect devices or health practitioners who improperly used or recommended a faulty product may be named in a lawsuit. Determining liability can be complex, so consult with our defective medical device lawyers in Texas to investigate your case thoroughly and identify all responsible parties.
Demonstrating that a medical device is defective requires gathering evidence to show that the product caused harm due to flaws in its design, manufacturing, or labeling. Building a strong case often involves working with legal and medical experts to establish the connection between the defective device and the injuries sustained. Here are some key steps our defective medical device lawyers in Texas want you to consider:
If you have suffered injuries due to a defective medical device, you may be entitled to various forms of compensation. The type and amount of compensation depend on the severity of the harm you experienced and the impact it has had on your life.
Common categories of compensation include:
Each case is unique, and the compensation you may receive will be based on the specifics of your situation. Consulting with our defective medical device lawyers in Texas can help you determine the full extent of damages you are entitled to claim and build a strong case for maximum recovery.
Under Texas law, the statute of limitations for filing a medical device injury claim is generally two years from the date of the injury or the date when the injury was discovered or should have reasonably been discovered. This means that you must take legal action within this time frame to avoid losing your right to seek compensation. However, certain exceptions may apply, such as cases involving minors, individuals with disabilities, or instances of fraudulent concealment by the manufacturer.
Be sure to act promptly, as gathering evidence and building a strong case can take time. Consulting with our defective medical device lawyers in Texas as soon as possible ensures that your claim is filed within the required deadline and increases your chances of securing the maximum compensation you deserve. Missing the statute of limitations could result in your claim being dismissed, leaving you without recourse for your injuries and damages.
Contacting our skilled defective medical device lawyers in Texas is easy and risk-free. We offer a FREE CONSULTATION to evaluate your case and discuss your legal options. Our team is dedicated to fighting for your rights and securing the compensation you deserve for your injuries, medical expenses, lost wages, and pain and suffering.
Don’t face the legal battle alone—reach out to us today for expert guidance and compassionate support. Call us now or fill out our online contact form to get started with your free consultation.
Office Location: 3300 Oak Lawn Avenue, Suite 300, Dallas, TX 75219
Thompson Law charges NO FEES unless we obtain a settlement for your case. We have put over $1.9 billion in cash settlements into our clients’ pockets.
Contact us today for a free, no obligation consultation to discuss your accident, get answers to your questions, and understand your legal options. State law limits the time you have to file a claim after an injury accident, so call today.