- On This Page
- Get a Free Consultation
- What Our Clients Say
“They sent somebody to visit me in the hospital and get my side of the story (totally free). I was assigned Mr. Crawford and told that we had a case. Fast forward about 9 months later and I received literally 14x what the insurance company had offered me. This is after the lawyer and medical fees as well. So basically this was totally free and I barely had to do anything I am so glad I called Marks and Harrison and I will be recommending them to all of my family and friends.”— Robert Smith
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.
Cases We Are Reviewing
Marks & Harrison is currently reviewing cases that involve:
- Transvaginal mesh – Synthetic mesh devices used to treat stress urinary incontinence (SUI) and pelvic organ prolapse (POP) have been associated with serious complications, including pain, bleeding and infection. Reuters reports that nearly 100,000 lawsuits have been filed against seven transvaginal mesh manufacturers in state and federal courts across the U.S.
- Bair Hugger forced-air warming blankets – As the New York Times reports, the inventor of these devices now claims that they “can spread bacteria” – typically when used during artificial heart valve and knee and hip implant surgeries – which can cause painful infections.
- Metal-on-metal hip replacement implants – Metal particles can be released into the area surrounding the implant due to its metal components rubbing against each other. These particles can become lodged in tissue and cause long-term bone, muscle and nerve damage. Metal ions (cobalt and chromium) may also enter the bloodstream.
- Inferior vena cava (IVC) filters –These small metal cage-like devices are implanted in patients’ veins to catch blood clots and prevent them from reaching the lungs. They can cause complications such as vein perforation, organ perforation and migration of the device, which can injure the patient.
- Round-Up – Thousands of civil lawsuits alleging that Roundup causes cancer have been filed against Monsanto by cancer victims. If you or a loved one has used the weed killer Roundup, and you have been diagnosed with certain types of cancer such as non-Hodgkin lymphoma, you may have a legal right to demand compensation from Monsanto for your medical treatment and other losses related to the harmful exposure.
- 3M Earplugs – In July 2018, the federal government settled a lawsuit against Minnesota-based 3M Company for $9.1 million. In the lawsuit, the government claimed that the manufacturer knowingly sold earplugs to the military that were too short to be properly inserted in soldiers’ ears and failed to disclose the design defect. However, the settlement benefits only the federal government. It provides nothing to veterans who may struggle today with hearing loss and other serious problems simply because they used standard-issued earplugs during their service.
Many – But Not All –Defective Medical Devices Are Recalled
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.
Harmed by a Defective Medical Device? How a Product Liability Lawsuit Works
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.
Our Virginia Product Liability Attorneys Can Help You
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.
Sources / More Information:
- Judge Sets 26 Ethicon Mesh Cases for a Single Trial, Reuters
- Concerns about Metal-on-Metal Hip Implants, U.S. Food and Drug Administration (FDA)
- B.I. Investigates Whether Harm From Surgical Power Tool Was Ignored, New York Times
- Doctor Says a Device He Invented Poses Risks, The New York Times
- Removing Retrievable Inferior Vena Cava Filters, FDA