Defective medical devices | Product Liability

Defective medical devices

Modern technology has enabled a lot of wonderful medical procedures. Usually you can trust that the procedures, medications, and devices have been tried, tested, and found safe for use. But even the best design and testing can't prevent every possible accident from happening. If you or your family member has been injured by a medical device, call a skilled New Hampshire personal injury lawyer immediately. Don't wait to receive the help that you need to move beyond the physical and financial toll of the accident. Call our N.H. lawyers for a consultation today, to start receiving the advice and help that you need.

In legal terms, “medical devices products liability” is the laws regarding who can be held responsible for device malfunction that causes injury. In many cases, the company that produced the medical device was sufficiently careful according to industry standards—the design, testing, manufacture, and marketing of the device, as well as training for doctors on how to use the device, were all well-done. But accidents can still happen, perhaps due to design flaws that only cause problems in rare situations, or due to fluke manufacturing mistakes that couldn't have been observed at the time of manufacture, or other unforeseen problems. So you'll need a skilled lawyer to obtain all possible evidence about the device--how it was designed and tested and manufactured—but even if this evidence doesn't show that the manufacturer was negligent or reckless in making the device, the manufacturer could still be held legally responsible and ordered to compensate you for your injuries.

It will also take careful work by your lawyer to establish the case that you've suffered significant damages, and to show how much money is required to compensate you for those damages. In addition to the actual medical bills incurred in correcting your injury, you'll also need to establish the ongoing medical treatment you reasonably expect to need as a direct result of the medical device failure, the work and therefore earnings that you've had to forgo as a result of the device, any work that you may continue to be unable to do in order to receive treatment or because your injury has made you unable to do your job, travel costs to medical and therapy facilities, additional family costs like child care incurred because of the treatment for the accident, the cost of occupational, physical, or vocational therapy, and others. If you haven't already, keep careful records of all of your expenses stemming from your injury, and your lawyer will be able to submit them as evidence in accordance with legal rules.

In medical device product liability cases, it is common for the manufacturer to want to avoid a full court trial by instead offering you a settlement. This means an agreement that the manufacturer will pay you an agreed amount of money, and you will dismiss your case against the manufacturer and never file it again. A settlement might be better for you—it usually means being compensated more quickly than waiting for a trial to be scheduled would allow, and it takes away the risk that the jury will disagree with you at trial. A settlement might also be worse—it might mean accepting less money than you could be awarded at trial. A skilled lawyer like Dan Hynes can negotiate a better settlement, and advise you whether or not to reject the settlement offer and go to trial.

It's possible that you'll need to consider suing multiple entities. In addition to the company that developed the medical device, a separate manufacturer could have been involved, and sales or medical personnel might have failed to notice that the device was defective despite their ability to see the defect with sufficient attention. Your lawyer can investigate the options and structure your suit so as to maximize your potential for success in being compensated.