Defective Medical Devices
When a doctor prescribes a medical device to a patient, the patient justifiably assumes that the device is safe to use as intended and prescribed. Unfortunately, some manufacturers put defective products on the market, and the defect makes the product unsafe. If you are injured or a loved one dies because of a flawed medical device, you may be able to bring a lawsuit against the manufacturer with the assistance of a product liability attorney at Neumann Law Group. Our principal, Kelly Neumann, is an acclaimed Detroit, Traverse City, and Grand Rapids defective medical device lawyer who has regularly secured more than $3 million in personal injury cases each year for the past several years.Seeking Compensation for a Defective Medical Device
Some recent claims against manufacturers have been filed in connection with defects in hip and knee implants, transvaginal mesh, and IUDs, among other devices. For example, it has been alleged that certain transvaginal mesh products used to treat pelvic organ prolapse and stress urinary incontinence break into fragments, and these fragments can become entwined with organs and cause bleeding and pain. It may require multiple further surgeries to remove the mesh. Most people cannot afford the substantial medical treatment, surgeries, and time off work that defective medical devices can require.
In order to prove that a device was defective, you will have to establish a recognized defect: a design, marketing, or manufacturing defect. If you can show a product has defects, the manufacturer, seller, or distributor may be financially liable for the resulting damages.
Marketing defects in connection with medical devices often consist of failures to warn consumers. Many medical devices come with serious side effects. If the manufacturer adequately warns the doctor or consumer about these side effects, it may not be liable for the harms caused by the side effects. However, in some cases, manufacturers do not provide warnings about side effects, or they may provide warnings that are insufficient.
Unlike some other states, Michigan does not permit plaintiffs to bring strict liability claims for defective medical devices against non-manufacturing sellers. Instead, under Michigan Compiled Laws Section 600.2947(6), you may sue a non-manufacturing seller for compensation for a defective medical device by establishing negligence (a failure to use reasonable care) or a breach of an express warranty. This means that a non-manufacturing seller can potentially be held liable if it fails to use reasonable care, and the failure is the legal cause of the victim’s injuries. It also may be held liable if the seller made an express warranty with regard to the device, the device did not conform to the warranty, and this failure to conform was a legal cause of the victim’s harm.
If you are able to establish the elements of your product liability claim, you may be able to recover economic and noneconomic damages. Economic damages include hospital bills, the costs of future treatment, and lost income. Noneconomic damages include pain and suffering as well as mental anguish and similarly subjective forms of harm.Retain a Defective Medical Device Lawyer in Traverse City, Grand Rapids, or Detroit
When you buy a medical device, the last thing you expect is to be hurt by it. If you have found yourself in this challenging situation, Neumann Law Group may be able to assist you. Detroit, Grand Rapids, and Traverse City defective medical device attorney Kelly Neumann can represent people in Petoskey, Warren, Holland, Midland, Muskegon, Saginaw, Wyoming, Kalamazoo, Lansing, Flint, Ann Arbor, and communities throughout the Upper Peninsula. Contact us at 800-525-NEUMANN or via our online form for a free consultation with an injury attorney. We also represent victims in California and Massachusetts.