Abbott-Thoratec Heartmate II LVAS
The “Heartmate II LVAS” is a ventricular assist system used in cardiac patients. While the device can be helpful for some patients, there are many possible adverse effects, according to its maker, Abbott-Thoratec. These include infections, sepsis, bleeding, respiratory or renal failure, hypertension, and thromboembolism (just to name a few). According to the United States Food & Drug Administration (FDA), several deaths have also been reported of people using an Abbott-Thoratec Heartmate II LVAS. If you are a Heartmate patient, or if you have a loved one who used or is using a Heartmate medical device, the Grand Rapids and Traverse City medical device injury lawyers at the Neumann Law Group can help you understand your legal rights with regard to a possible personal injury or wrongful death claim.
Just as consumer injuries and deaths associated with non-medical products like airbags or E-cigarettes can lead to product liability litigation on an individual or multi-district litigation basis, so can harm caused by unreasonably dangerous medical products. In recent years, patients have sued the makers of products like breast implants and hip replacements, paving the way for victims who have been hurt by a Heartmate device or who have lost a loved one because of a defect in a Heartmate device to pursue compensation through a settlement or verdict.Bringing a Claim Based on Injuries Caused by the Abbott-Thoratec Heartmate II LVAS
All personal injury and wrongful death lawsuits are subject to a statute of limitations. Some cases may also be subject to a statute of repose that, unlike the statute of limitations that typically begins to run on the date of an injury, may be dependent on factors outside the plaintiff’s immediate knowledge, such as a date that a product entered the stream of commerce. Exactly when the statute runs can vary from case to case, depending upon the circumstances. A knowledgeable product liability attorney in Grand Rapids or Traverse City can review a potential plaintiff’s case and help him or her file the necessary paperwork in order to preserve a claim. This is important because claims filed outside the statute of limitations or statute of repose are usually dismissed on procedural grounds, even if the plaintiff would otherwise have had a very solid case.
Just as the plaintiff has the responsibility of filing a timely claim following an injury or a loved one’s wrongful death due to a faulty product, the plaintiff also has the burden of proving his or her case by a preponderance of the evidence. In many cases, a defective medical device claim rests on an allegation of negligence, meaning that the manufacturer or seller breached a duty of care owed to the patient, causing serious harm to him or her. In other situations, it might proceed under a theory of strict liability or breach of warranty. There are several ways in which a manufacturer’s error can cause a product injury. There may have been negligence during the design or manufacturing of the product, for example. In some cases, the plaintiff may allege not that the product itself was dangerous but instead that the manufacturer’s marketing of the product rendered it unreasonably dangerous. This is appropriate when a manufacturer failed to warn consumers of the risks associated with use of the product.Seek Guidance From a Personal Injury Lawyer in Traverse City or Grand Rapids
Product liability lawsuits are seldom simple. It takes a considerable amount of time, experience, and skill to make out a case of negligence, strict liability, or breach of warranty for an allegedly defective product or device. However, substantial compensation for medical expenses, lost earnings, pain and suffering, and other damages may be available for people whose attorneys put together a strong case. If you or a loved one has been adversely affected by an Abbot-Thoratec Heartmate II LVAS in Traverse City, Grand Rapids, or the surrounding areas, the Neumann Law Group can help. Call us at (800) 525-6386 or contact us online to schedule a free, confidential case evaluation. We also serve people in Ann Arbor, Flint, Lansing, Muskegon, Midland, Holland, Kalamazoo, Detroit, Wyoming, Saginaw, Warren, Petoskey, and communities throughout the Upper Peninsula.