When a defective medical device causes injury or death, it is natural for a patient to be upset, confused, and determined to discover why and how the product was allowed on the market.
When you suffered illness or injury, or your loved one died because of a defective medical device, you should call a seasoned product liability attorney for legal assistance with your case.
For more than 25 years, Joseph M. Marrone has been fighting for the rights of people injured by dangerous and defective products. Contact our Philadelphia defective medical device lawyers to discuss your potential case.
Medical devices can produce medical results that were not possible a generation ago and have advanced modern healthcare care in many ways. However, they have also been linked to severe side effects in some patients.
Manufacturers must ensure their products are safe for use. When someone is harmed because of poor design, inadequate labeling, or a manufacturing error, a Philadelphia attorney who understands defective medical device cases could bring a lawsuit against the company and seek financial compensation for the injured patient.
A patient negatively affected by a medical device has options to secure compensation. Most notably, they could bring an individual lawsuit against the manufacturer, which requires them to prove that the company produced a defective product.
In addition, an injured patient could join a multi-district litigation called a mass tort. This is when multiple people have claims against the same manufacturer and product, and the court consolidates the cases. Several cases will go to trial, and the outcome of these determines whether the company that created the device settles the rest. Mass tort cases have been filed against manufacturers of the following medical devices, among many others:
A defective medical device lawyer in Philadelphia could review a patient’s records and determine whether joining a mass tort is possible in their case.
Compensation from the defendant could cover economic damages, such as medical expenses and lost wages, while non-economic damages like pain, suffering, and loss of enjoyment of life may also be recoverable. When a manufacturer commits intentional wrongdoing or displays severe indifference to the potential harms of their product, a court could also award punitive damages.
Patients must comply with the statute of limitations applicable to personal injury actions in their home state. According to 42 Pennsylvania Statutes § 5542, individuals are required to file a lawsuit within two years of their injury.
In Pennsylvania, the countdown begins on the date the patient knew or should have known that the medical device caused a negative health impact. This is called the discovery rule, which varies from state to state. Working with the proper legal counsel will ensure that patients understand the legal statutes and limits that apply to their cases.
At the Marrone Law Firm, LLC, we do not leap to conclusions before investigating a potential product liability claim. When a medical device has hurt you, you may be entitled to compensation for your losses.
Our attorneys represent clients who have suffered harm after the use of a medication or surgical implant and could help with your case. Speak with a Philadelphia defective medical products lawyer today to learn more.