Medical devices can save your life or improve its quality, but they can also cause illness, pain, injury, and even death when they’re defective. No patient should endure the risk of surgery only to discover that an implanted device is harming them rather than providing the medical benefit intended. If you’ve been injured by a defective medical device, the attorneys at Lyons & Lyons can represent you in a products liability claim against the manufacturer and/or supplier. We will hold companies accountable and seek the compensation our clients in the San Antonio area and throughout Texas deserve for their injuries and other losses.
Medical devices are designed and manufactured to repair adverse health conditions in the body. While the U.S. Food and Drug Administration (FDA) regulates the sale of these products, they routinely approve medical devices for market that have not undergone adequate testing, causing injury to unsuspecting patients. Some of the most common defective medical devices that have been recalled and have been the subject of products liability lawsuits include:
If you or a loved one has been injured by a defective medical device, the attorneys at Lyons & Lyons have the experience to handle the complex task of taking on the huge manufacturers that make them.
There are different approaches we can take, depending on state law, in pursuit of financial recovery for your injuries and losses in a products liability action.
Strict liability claims allow you to receive damages without the requirement of proof of negligence on the part of the defendant. Strict liability laws vary by state, but in principle, they allow you to obtain compensation by showing that your injuries were caused by a defective product that was manufactured or sold by the defendant.
Negligence claims are based on the premise that the defendant owed a duty of care to those who were going to make use of their product. In the case of defective medical devices — especially those that get implanted into the body of the patient — the manufacturer’s negligence could stem from:
As soon as a medical device has been found to cause problems or show defects, the manufacturer is required to notify the FDA and warn the public about the defect and the problems it has caused. Failure to notify the FDA about the known defect is considered an act of negligence and makes the manufacturer liable for any illness, injury or death that occurs as a result of the failure of the device.
If you have been injured by a medical device, it is vital that you take action immediately because there are statutory deadlines for filing a claim. The investigation will take time, so it is urgent that we start collecting evidence and interviewing your doctor and other parties involved as soon as possible.
Your defective medical device claim could include compensation for the various losses you have suffered including:
Our defective medical device attorneys have access to medical experts, product engineers and various other specialists who can deliver compelling testimony that bolsters your claim. Whether you’ve been injured by a defective knee implant or any other defective medical device, we will work to get you compensation that fully addresses the harm you’ve suffered.
If you’ve been injured or made ill by a defective medical device, Lyons & Lyons will work to get you the compensation you deserve by holding the manufacturer accountable. Call us at 210-225-5251 or contact us online to schedule a consultation at our San Antonio office.