Has a defective medical device hurt you in Fort Lauderdale, FL? Medical device liability laws may entitle you to compensation for the lost wages, medical expenses, and other damages you have faced. Experienced injury lawyers can help you pursue a medical device liability claim.
Hollander Law Firm Accident Injury Lawyers has represented injured consumers in South Florida since 1996. Contact our Fort Lauderdale personal injury office by calling (954) 287-0566 to schedule a free case review with a Fort Lauderdale medical device liability lawyer to find out what we can do to help you.
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Hollander Law Firm Accident Injury Lawyers Can Help You with a Medical Device Liability Case in Fort Lauderdale
Medical devices should improve your health and quality of life, not leave you with serious injuries. When a medical device is dangerous and causes harm, product liability attorneys can help you hold the manufacturer accountable.
Hollander Law Firm Accident Injury Lawyers has recovered tens of millions of dollars in settlements and awards for our clients in Fort Lauderdale, Florida. Our founding attorney, Gregg M. Hollander, is a member of the Multi-Million Dollar Advocates Forum and has over 28 years of experience as a Fort Lauderdale product liability lawyer. We give you a small firm atmosphere with the resources of a large firm.
Choose Hollander Law Firm Accident Injury Lawyers to represent you, and we will:
- Give your case the personal attention and legal advice you need
- Determine if adverse events related to the device have been reported to the FDA
- Investigate the manufacturer’s testing process, safety data, and more
- Work with specialists to determine how the product was defective and demonstrate how the defect caused your harm
- Negotiate for a fair settlement that compensates you fully
- Take your case before a jury if we cannot reach a fair offer
You are not alone. Contact Hollander Law Firm Accident Injury Lawyers today for a free case review with a Fort Lauderdale product liability lawyer. We work on a contingency fee basis. You pay nothing out of pocket for experienced legal counsel that levels the playing field against major manufacturers and insurance companies.
Overview of Medical Device Liability
Product liability is a unique area of law in Florida. It allows injured consumers to hold manufacturers accountable for a defective product. Product liability can apply to any type of product, from vehicles and appliances to drugs and medical devices.
What Is a Defective Medical Device?
A medical device refers to any device that is used to treat disability, injury, illness, or disease.
The FDA defines medical devices as machines, implements, instruments, and apparatuses intended to:
- Affect the function or structure of the body without the use of a chemical action like a drug, or
- Treat or diagnose a disease or other condition
Medical devices go through an FDA approval process. But inherently dangerous products slip through the cracks. This is especially true when devices are fast-tracked through the 510(k) process rather than a more stringent premarket approval (PMA) process. This fast-track process has been criticized for allowing devices onto the market with little oversight.
A recent study on foot and ankle devices recalled between 2007 and 2017 found that 98% of the devices were approved through the fast-track 501(k) process. A product does not have to go through rigorous testing and approval if it is “substantially equivalent” to an approved device already in the market.
Medical device liability comes in two forms under Florida law: negligence and strict liability.
Most dangerous device claims involve strict liability. Manufacturers can be held strictly liable for injuries their products cause, even if they were not negligent.
Strict liability requires proving that a product had one of the following three flaws:
- Design defect. This means the design is inherently and unreasonably dangerous.
- Manufacturing defect. This means there was a defect or error during manufacturing that made the product unsafe.
- Marketing defect. This includes failure to warn, which means the manufacturer failed to provide adequate warning about foreseeable risks associated with the product.
A consumer may have legal recourse against a manufacturer even if they cannot establish one of these errors. They may hold the manufacturer liable for their medical device injuries under a theory of negligence.
Common Types of Dangerous Medical Devices
Nearly any type of medical device can be dangerous and cause serious injury.
The following are the most common types of devices involved in defective medical device claims:
- Hernia mesh and transvaginal mesh
- Metal-on-metal hip replacement devices
- Knee replacement implants and other implant devices
- Heart valves
- Breast implants
- IVC filters
- Heart stents
- Non-sterilized devices
You can review the FDA’s database on recalled medical devices to see other dangerous products. However, not all dangerous devices are recalled. Some defects only affect a small number of devices.
What Are the Consequences of Defective Devices?
Defective medical devices can have life-changing consequences for patients. A device that should improve a consumer’s life may instead result in serious complications, pain, disability, hospitalization, and even death.
Many patients hurt by defective devices suffer tragic injuries. Transvaginal mesh, for instance, has caused injuries such as infection and organ perforation. Metal-on-metal hip implants are associated with damage to the bone around the joint and metal poisoning, which raises neurological and cancer concerns.
A defective medical device may prompt the need for corrective surgery, which can carry its own risks. Some patients are left with significant impairment, chronic pain, and worsening health after their injuries. Defective devices can even cause death.
It’s estimated that defective medical devices caused 83,000 deaths and 1.7 million injuries between 2008 and 2017.
Who is Liable for Medical Device Injuries in South Florida?
Many parties may be held liable for a defective product, depending on the type of defect. The manufacturer, retailer, distributor, or designer of a medical device may be responsible for the damages you suffered. Manufacturers usually face lawsuits for medical device liability, but sometimes hospitals, clinics, and physicians can also be liable.
Under Florida Law, you only have a limited amount of time to file a medical device claim. You must file your product liability suit within four years of your injury or risk losing out on compensation.
Schedule a Free Consultation with a Fort Lauderdale Personal Injury Lawyer
When you are injured by a medical device that was supposed to help you, you may feel unsure where to turn. Hollander Law Firm Accident Injury Lawyers is ready to help you pursue fair compensation for the very real harm you have suffered and hold the responsible parties accountable.
Contact our law office for a free consultation with an experienced Fort Lauderdale medical device liability lawyer. We will help you seek the money you need as you struggle to move on with your life.