Defective products are all around us. When it comes to medical products and devices, they may even be found within us. Such is the case with regard to hernia mesh, hip resurfacing products, and even breast implants. When an implant or other device does not work as it is supposed to work, serious or even life-threatening medical issues can arise. People who have been injured by defective medical devices, including breast implants, should understand their legal rights. If you or a loved one has suffered complications from a defective implant or another medical product, the Traverse City and Grand Rapids breast implant injury lawyers at Neumann Law Group can explain the process of filing a claim against the maker or seller of the device in question.
Breast implants have been used for several decades in women who have undergone mastectomies or who wish to enhance or augment their appearance. Although implants have been marketed as being safe and having a low risk of complications, many women have experienced unexpected problems following a breast implant surgery. Allegations have been made in some of the resulting litigation that the manufacturers of some implants were aware of possible issues concerning implant safety but disregarded that knowledge in order to get the devices to market sooner rather than later.Product Liability Claims Based on Defective Breast Implants
When a breast implant or a related medical or consumer product is defective or unreasonably dangerous, and harm comes to the user of the product because of the defect, a breast implant injury attorney in Grand Rapids or Traverse City may be able to assist the victim in bringing a claim for damages. Successful product liability cases can result in considerable settlements or awards of compensation, including payment for medical expenses (past and future), lost earnings and loss of future earning capacity, disfigurement, and pain and suffering. In cases in which a manufacturer or other defendant has engaged in particularly egregious conduct, punitive damages may also be available.
The plaintiff has only a limited amount of time in which to file a lawsuit. This is an issue governed by the law of each state. There is always a statute of limitations for seeking damages in a product liability lawsuit, and there may also be a statute of repose that further limits the time for taking legal action. Once the case has been filed, the plaintiff and their Grand Rapids or Traverse City breast implant injury attorney must then be able to convince the trier of fact that the plaintiff is entitled to compensation. This may involve one or several legal theories, including negligence, design defects, manufacturing defects, failures to warn (marketing defects), fraud, misrepresentation, a breach of warranty, or even a breach of contract. Expert testimony is generally essential in product liability cases, and many cases come down to a "battle of the experts." In this situation, each side presents the testimony of professionals, who will offer an opinion as to whether or not a product defect caused the plaintiff harm, and the jury will decide which expert or experts seem the most persuasive.Explore Your Legal Options with a Breast Implant Injury Lawyer in Traverse City or Grand Rapids
If you are considering a product liability lawsuit because of injuries or a wrongful death caused by a breast implant or another medical device or consumer product, the attorneys at Neumann Law Group can help. We assist victims in and around Traverse City and Grand Rapids, as well as in Ann Arbor, Flint, Lansing, Muskegon, Midland, Holland, Kalamazoo, Detroit, Wyoming, Saginaw, Warren, Petoskey, and areas throughout the Upper Peninsula. To reach us for an appointment, call 800-525-6386 or contact us online. There is no charge for the phone call or the consultation, so there is no reason to put off getting the legal advice that you need. Most cases are handled on a contingency fee contract, so attorney fees are not collected unless the case concludes with a settlement or judgment in your favor.