How Defective Medical Device Lawsuit Help?+

Between 1990 and 2008, U.S. spending on prescription drugs increased from $40 billion to $234 billion. Today, almost half of all Americans take at least one prescription drug. The sale of medical devices has grown into an $85 billion-per-year industry. But too many people are injured by severe side effects of dangerous drugs and defective medical devices. Often, the injuries are more debilitating than the condition that led to the prescription or device in the first place. Fortunately, the law gives injured consumers remedies if they are injured because of a manufacturer’s negligence. You can now file a defective medical device lawsuit.

Prescription drug lawsuits and defective medical device lawsuits fall under a special category of law known as products liability law. If filing a lawsuit related to a prescription drug or medical device is an action you want to take, it is a good idea to consult a lawyer who is familiar with this kind of law.

Attorneys can help in a number of ways. They will be able to help you understand your legal rights and options if a drug or a device is recalled. They can evaluate whether you have a weak or a strong claim and if you do have a claim the attorney can file the claim for you. Once a lawsuit is filed, your lawyer can help negotiate a settlement in the case or take it to trial.

Your rights during a recall

Usually, by the time Food and Drug Administration (FDA) gets involved and a prescription drug or device is recalled, people have already suffered serious injuries. Fortunately, a product does not have to be recalled in order to sue for injuries.

However, responding to a recall can affect your right to sue later. Often, drug makers and manufacturers that voluntarily recall their products try to limit their liability in the process. They may try to convince you to waive your right to sue. In exchange, they may offer to pay for treatments to remedy your injuries.

Always consult a physician about any injuries you experience. Also consider talking to a product liability attorney to find out how you can protect your rights during a recall.

Filing a defective medical device lawsuit

An attorney can help you decide where to file and handle the entire process – including gathering medical records and other evidence to support your claim – while you focus on your health.

If many cases are filed against the same company in federal court, a judicial panel will often transfer all the cases to a single court. A product liability attorney can explain this process, known as multidistrict litigation (MDL).

Negotiating your settlement

Drug makers and manufacturers sometimes decide to keep litigation costs down by agreeing to settle. Products liability attorneys are familiar with these tactics and have experience estimating the value of a case. They can help you evaluate potential settlement offers and decide whether to settle, wait for a better one, or file a defective medical device lawsuit.

Litigating your case

Attorneys know how to place a fair value to your injuries, including things that are hard to quantity, such as your emotional distress. They will plan your case strategy and present it in the way that best demonstrates how a prescription drug or medical device has damaged your life. They also know how to explain your case to a jury.

If you or a loved one has suffered serious side effects from a medical device, you may need to file a defective medical device lawsuit. You may be entitled to compensation for your injuries as well as punitive damages. For instance, you may be able to receive money for: lost wages, diminished quality of life, pain and suffering, ongoing medical treatment for your injuries including hospitalization costs, and losses related to the death of a loved one, including funeral expenses.

Referent links

https://www.drugwatch.com/liability-attorney/

https://www.drugwatch.com/drug-lawsuits.php

http://www.nolo.com/legal-encyclopedia/product-liability-claims-medical-devices-29684.html

http://injury.findlaw.com/product-liability/defective-medical-devices.html

At LawFirm-Connect, we try to take the guess work out of determining if your injury is worth of legal action, and if so, we'll help connect you with an expert law firm that specializes in exactly what you need