If you or a loved one has received a surgical implant that required them to undergo revision surgery or suffered any kind of injuries due to the implant, you should consider consulting a Fall River product liability lawyer as soon as possible to determine what your options are.
The medical device industry has grown exponentially over the past few years. According to data collected by National Center for Biotechnology Information, nearly 12% of orthopedic medical devices are recalled every year in the United States. Approximately 300 knee arthroplasty devices from 18 different companies were recalled between January 2007 to December 2017. In 2022, Exactech, Inc. a hip and knee replacement device company, issued a voluntary Class II recall of their knee replacement devices. Their main reason for recalling the devices was that they oxidized and caused premature wear and tear. As a result, patients experienced:
- Bone degradation
- Pain
- Grinding and clicking
- Loosening of the device
- Revision surgery
Several medical device manufacturers have been issued product liability lawsuits because their products deteriorated or malfunctioned. It only makes sense that the recipients filed a lawsuit against them due to the pain and injury they have had to endure because of the implants.
Who Should Be Held Legally Liable for a Defective Surgical Device?
You can file a lawsuit against the device manufacturer but they are not the only party that needs to be held accountable. Other parties you could potentially hold liable include:
- The product designer
- The distributor
- The retailer
You could also file a medical malpractice lawsuit against your surgeon if they did not provide the standard of care while implanting the device.
How a Product Liability Lawsuit Works
The success of a product liability lawsuit largely relies on your lawyer’s ability to prove that product is directly responsible for your pain and injuries. If your Fall River product liability lawyer fails to prove a connection between a breach of duty and the resulting injuries, your lawsuit will be dismissed or your settlement will be significantly reduced. The process of establishing liability is complex and requires the expertise of a skilled product liability lawyer.
What Damages Can I Recover from a Product Liability Lawsuit?
After receiving a defective surgical implant, you may have to face the possibility of lost wages because of missing work to recover from revision surgery. There’s also the possibility that you might have to deal with chronic pain, or make budget cuts to pay for your medical bill.
It’s easy to quantify economic damages because they have a predetermined monetary value. For instance, you can easily determine how much your medical bill will be by getting a quotation from your surgeon or a receipt of your medical bill. Non-economic damages, on the other hand, are subjective and you will need to provide more evidence to demonstrate the value. Non-economic damages include pain and suffering, decreased quality of life, and loss of consortium.
How to Find the Best Product Liability Lawyer in Fall River
The category of product liability is vast. We use so many products in our everyday lives and so you can imagine how many categories of products there are. With that in mind, you want to select a Fall River product liability lawyer who understands a product in and out.
Unfortunately, it’s nearly impossible to find a specific lawyer who understands your defective device in and out. However, the lawyer that you eventually settle on should be more than willing to do tons of research to understand the exact product. Once they understand the product, they’ll be able to select the best expert who will testify on your behalf.
You should also consider their expertise. They should be compassionate and credible. You should investigate the credibility of the law school they went to and look for any information that supports his expertise. Their track record is a great place to start.
Find out how many product liability cases have they taken on and what was the outcome? Online reviews can also be helpful especially if they are not curated like the ones on Google.
Contact a Product Liability Lawyer at Kevin P Landry Law Offices
Our Fall River product liability lawyers are strategic and we are committed to protecting our client’s rights. If you received a defective surgical device, we can answer any questions you may have regarding filing a product liability lawsuit. Contact us today at 508-676-0001 to schedule your free initial consultation.
