If you believe that you or a loved one has been harmed by a defective medical device in Richmond or elsewhere in Virginia, contact Marks & Harrison for a free and confidential consultation.
We will analyze your case and advise you of your legal options.
The attorneys of Marks & Harrison handle a wide range of claims involving serious injury and wrongful death resulting from defective products. We believe that consumers should never be harmed by products they purchase and use as intended. They also have a right to be warned about any risks associated with the products sold to them.
However, product-related injuries and deaths continue to occur. Even products that are intended to improve our health can harm us such as medical devices that were approved by the U.S. Food and Drug Administration (FDA).
Medical devices are intended to save lives and assist the health of patients – not injure or harm them. Manufacturers of medical devices owe a duty to consumers to ensure that their products perform as they are meant to perform. When medical devices fail because of manufacturing or design defects and cause harm to patients, manufacturers may be held liable for damages.
In many cases, the manufacture of a defective medical device will issue a recall that is reported to the FDA, which regulates the nation’s medical device industry. The date of the recall is important. The date may start the running of the statute of limitations, or the period of time that a person has to file a lawsuit.
However, even if a product has not been recalled, it may still have a dangerous defect. If you or a loved one has been harmed by this defect, you have the right to pursue compensation.
If you believe that you or a loved one has been harmed by a defective medical device, you should contact a personal injury lawyer right away. The attorney can then begin an investigation into why your injury occurred and who should be held responsible.
At Marks & Harrison, we take pride in conducting immediate and comprehensive investigations. As part of our process, we consult with highly qualified experts from a wide range of fields. These experts can help us to understand the nature of a medical device defect and the extent of damage caused by the defect.
A product liability lawsuit may be filed in state or federal court. The action may be filed as an individual lawsuit or included in a class-action complaint depending on the type of case and whether other people may have suffered similar injuries due to the same defect.
If an individual lawsuit is filed in a federal court. The case may then be transferred to a federal court where similar lawsuits against the same manufacturer have been consolidated for pretrial litigation. This is known as a multidistrict litigation case, or MDL. The goal is to reduce time and costs and increase efficiency in the court system.
A defective medical device claim may end in a settlement or verdict. In many “mass tort” product liability cases, a large settlement may be reached with a manufacturer. Claims may then be filed to recover compensation from the settlement fund.
Any recovery you seek – whether through a verdict or settlement – should fully compensate you for your medical expenses, lost income, pain and suffering and any other harm you have suffered.
If you or a loved one has been harmed after being treated with a medical device, it is important to take immediate action in order to protect your rights.
Call Marks & Harrison today or reach us through our convenient online form. We will get to work right away on investigating your case. Upon completing our initial review, we can advise you of your legal options. We serve clients in Richmond and throughout Virginia.
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