As a society, we should be able to put our trust in the products we purchase, and this is especially true for medical devices. While the Food and Drug Administration (FDA) regulates and approves various medicines, many consumer watchdog organizations regulate and monitor the performance of medical devices.
When these products are defective, they can cause serious, sometimes even life-threatening injuries. Victims of defective medical devices deserve justice and compensation for the harm they have suffered. At Loncar Lyon Jenkins, our Dallas defective medical device lawyers have decades of experience working on cases just like yours. We have gone up against Big Pharma and powerful medical device manufacturers since the 1990s, and we are not stopping anytime soon.
Recoverable Damages in a Defective Medical Device Case
If your injuries were caused by a defective medical device, you could be entitled to recover compensation. Damages refer to compensation a person or entity owes someone for causing their injuries. The types of damages you could recover in a defective medical device case include both economic and non-economic damages.
Economic damages refer to justified monetary losses you incurred because of your injuries. They are designed to repay the injured victim for out-of-pocket costs they had to pay to manage their injuries, such as medical bills and lost wages. Non-economic damages are subjective and not associated with an exact monetary amount. They are designed to compensate the injured victim for the physical and emotional pain they faced because of their injuries.
Our product liability lawyers are prepared to fight for appropriate compensation for issues like:
- Lost wages due to your injury. If you were out of work for a few days or weeks while recovering from your injury, you could be entitled to recover compensation for the income you lost during that time.
- Medical costs are associated with correcting the damage done by a faulty device. This includes rehabilitative care, ongoing doctor’s visits, surgeries, or medications where you had to pay out-of-pocket costs.
- Emotional and mental distress such as anxiety, depression, sleeping issues, or fear. You could be entitled to emotional distress damages for any negative psychological impacts you endured because of your injuries.
- The physical pain, anguish, discomfort, or inconvenience you felt because of your injuries.
- Limits on your ability to work in the future. If you are unable to return to work for months or at all, you could recover compensation for projected future earnings that you have lost. You could also include the loss of medical and retirement benefits.
- Loss of enjoyment damages if you are no longer able to enjoy activities, hobbies, sports, or other interests you were once able to before you sustained your injuries.
Our Dallas defective medical device lawyers will review your damages and calculate their value to determine how much compensation we will seek. Determining the value of your case helps our team when we are negotiating with insurance companies or opposing attorneys. Don’t let medical device manufacturers off the hook just because they may seem intimidating. Loncar Lyon Jenkins is prepared to go to bat for you.
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Benefits of Choosing Loncar Lyon Jenkins to Represent You in a Defective Medical Device Case
At Loncar Lyon Jenkins, we understand how traumatic it can be to sustain an injury from a defective product. We want to help our clients hold the liable party accountable for causing injuries that could impact them far into the future. Benefits of choosing our firm include:
- We provide personal attention. Although we have a large client base and many offices around the state of Texas, we take pride in that we still give each client and case the personal attention needed.
- We can meet virtually. If your injuries prevent you from visiting one of our offices, we will meet in a virtual setting to discuss your case.
- We prepare all cases for trial. Insurance companies and opposing attorneys know we are always ready to bring a case to trial. This makes them more likely to present an acceptable settlement offer from the beginning. If a settlement cannot be reached, we will litigate on your behalf in front of a jury.
- Other benefits include 24/7 availability, and we have Spanish-speaking team members on our staff.
How Much Do Our Attorneys Cost?
After being injured by a defective product, you may be facing medical bills piling up or be out of work. That is why we don’t charge any upfront fees or costs for our services. If you choose our firm, you can expect
- Free consultations: We offer free consultations to potential clients. Someone from our team is available 24/7 to review your case and discuss how we can help. During the consultation, we will explain your legal options and answer any questions you have regarding your case.
- Contingency fees: You only pay for our legal services if we reach a favorable result, and you recover compensation.
We want our clients to be able to hold the liable party accountable without having to worry about how much a lawyer costs. If you don’t recover compensation, you don’t have to pay for our services.
Examples of Medical Device Cases
Loncar Lyon Jenkins has represented clients in a variety of defective medical device cases. These types of product liability claims can span the gamut of medical treatments, from joint replacement procedures to surgical sutures and birth control devices.
If the product is used in a medical capacity and is found to bear unreasonable or unnecessary risk (or if the full picture of potential risks is not shared with the patient), a lawsuit may be appropriate.
Below are just a select few of the cases we have worked on or are currently fighting.
Essure
The Essure Permanent Birth Control System has logged various complaints to the FDA, stating incidents of:
- Uterine puncture
- Birth defects associated with unintended pregnancy and device failure
- Menstrual irregularities
- Device breakage
- Migration to another area of the body
And this list is not all-inclusive. Lawsuits have since been filed against Bayer, which acquired original Essure manufacturer Conceptus, Inc.
Heater-Cooler Devices
These medical devices have been used in open-heart surgeries to regulate the temperature of the patient and improve results. However, studies have shown that contaminated water within the device may become aerosolized and transmit bacteria into the patient’s vulnerable body. This can cause life-threatening infections in some cases.
Hernia Mesh
Several brands of hernia mesh have been recalled by parent companies due to a variety of injury-causing defects. In some, such as those made by Atrium, the material used in the device may lead to infection. In others, such as those made by Ethicon, the exact cause of the defect is not readily apparent. However, even in these latter cases, the use of the product results in far more incidents of failure than with other brands.
Joint Replacements
Patients who need joint replacement operations can experience many different injuries. This includes product breakages due to inferior material, migration of the joint mechanisms, debris buildup, and infections. Common examples are hip and knee replacement surgeries.
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Elements of Successful Defective Medical Device Claims
To build a strong case against the product manufacturer, there are several elements you and your defective medical device attorney must be able to prove.
- First, you must show that you experienced harm.
- You must show that the device was defective, whether by design or because of the manufacturing process.
- You must show that your harm/injury was caused by this defect.
- Finally, you must show that you used the device as intended when it caused your injury.
As dedicated defective medical device lawyers, the attorneys at Loncar Lyon Jenkins have a track record of finding the necessary evidence to support these elements. For example, your medical records can be used to show the injuries you sustained, while testimony from expert witnesses is often useful in linking your injury to the device. Other forms of evidence can include:
- Photos or videos of your injury
- Testimony from your treating doctor or surgeon
- Testimony from family and friends regarding your injuries
- Data from other incidents of this product’s failure
Get a Free Consultation Regarding Your Dallas County Defective Medical Device Case
If you were injured while using a medical device as intended, you do not simply have to accept your injury as an unintended result of your treatment. In fact, you may be entitled to pursue compensation from the device manufacturer. At Loncar Lyon Jenkins, we offer all clients a free consultation so that we can learn about your case and discuss the issues surrounding your claim.
You don’t want to go up against resource-rich medical device manufacturers on your own. Let Loncar Lyon Jenkins protect your rights. Call us today for your free case review. We are ready to get you the compensation you deserve.
