Defective medical devices can cause irreparable harm to patients and, in extreme cases, death. Ideally, the Food and Drug Administration (FDA) must approve all medical devices before they enter the market, but some physicians still prescribe them for non-approved uses. Harmful devices in the drug and medical equipment industry can also hurt patients in other markets.
If you are suffering after using defective medical equipment, our Bardstown defective medical device lawyers at Isaacs & Isaacs Personal Injury Lawyers can help you recover losses from the liable entity. You can review your legal options with our personal injury team serving Bardstown during a free consultation today.
How Our Bardstown Defective Medical Device Lawyer Can Help
Defective medical devices can harm patients for various reasons, including poor regulation and lax testing protocols. St. Jude Medical Inc. settled for $27 million under the False Claims Act for allegedly selling defective heart devices between November 2014 and October 2016. It reportedly submitted false documents to the FDA and failed to report previous injuries and fatalities linked to its devices, which would have promoted a recall.
If you suffered harm after using a defective medical device, our Bardstown defective medical device attorney can help by doing the following:
- Investigate the medical facility to identify other similar problems
- Hire experts to examine the device to know why it malfunctioned
- Name the liable parties who participated in having a defective device on the market
- Find out if the faulty device was approved elsewhere
- Preserve key evidence and issue subpoenas when defendants do not cooperate
- File a mass tort when the number of victims reaches critical mass
- Help you get medical treatment to correct the damage defective devices inflict
- Negotiate with the defendant’s insurance company for a fair settlement
- Protect your rights and interests when the defendant undermines your pain and suffering
For a free legal consultation with a defective medical device lawyer serving Bardstown, call 800-333-9999
Recoverable Damages in a Bardstown Defective Medical Device Case
When patients interact with defective medical equipment, their conditions don’t improve, which could lead to more complex health problems. They may also develop degenerative conditions that plague them for years, and some patients have premature death.
Darryl “The Hammer” Isaacs understands your plight and can help you recover the following damages:
- Medical and rehabilitation care expenses
- Inconvenience (e.g., if you must redo procedures)
- Lost income, benefits, and other earnings
- Enduring physical conditions
- Wrongful death
- Lost benefits
- Funeral and interment costs
- Loss of consortium
Bardstown Defective Medical Device Lawyer Near Me 800-333-9999
Our Bardstown Product Liability Attorneys Work on Contingency
Overwhelming medical debt is the foremost reason for bankruptcies in the U.S., which can ruin your credit score. Chronic diseases like heart disease can lead a family down this path, leaving no money for daily subsistence. Retaining lawyers under these circumstances is not feasible, even when a personal injury lawsuit is the only viable option.
Isaacs & Isaacs Personal Injury Lawyers caters to clients of all economic levels, which is why our attorneys work on contingency. In this arrangement, you pay only if we settle or win your case in court. We will take an agreed-upon percentage of the settlement to cover costs and fees.
Statute of Limitations in Bardstown, KY
Kentucky allows victims up to one year to file a lawsuit regarding a defective medical device, per Ky. Rev. Stat. § 413.140(1). Injuries from defective medical equipment may not be apparent right away. The clock starts ticking from when you discovered the injury or when it “should” have been reasonably detected.
If the manufacturer had issued a warning notice, the statute of limitations begins when the patient received said notice. If a loved one suffered fatal injuries from a defective medical device, you also have a year to pursue a wrongful death action, per Ky. Rev. Stat. 413.180.
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What to Do After Suffering a Defective Medical Device Injury in Bardstown, KY
There are countless victims of faulty medical devices, and many don’t realize the damage until much later. For instance, a pacemaker can function optimally and later fail to regulate the heart’s rhythm, and the patient suddenly dies.
In such an event, Isaacs & Isaacs Personal Injury Lawyers advises clients to do the following:
- File a police report so that authorities can start investigating.
- Report the matter to the hospital’s management and relevant authorities.
- Refuse to sign any waivers or premature settlements.
- Follow up to get a copy of the police report as evidence.
- Ask the medical facility for copies of your medical records.
- Document your injuries in a detailed journal with images if applicable.
- Report the incident to your health insurance carrier.
- Consult with our defective medical device attorney to discuss legal remedies.
- Stay put, as such cases may take a while to resolve.
Determining Liability in a Defective Medical Device Case
Cases involving defective medical equipment are complex due to the entities involved. There could be an FDA investigation, and this inquiry will often expose systemic failures that allowed the device into the market.
As your legal counsel, our Bardstown medical device lawyers have the burden of proof to illustrate these four elements of liability:
- Duty of care
- Violation of the duty of care
- Proximate cause
- Recoverable compensatory damages
Examples of Defective Medical Device Cases We Handle
The technology revolution has advanced the field of medicine, and benefactors of medical devices usually enjoy better health outcomes and extended life spans. Unfortunately, systemic failures by the FDA, as reported by The New York Times, have led to a staggering 80,000 fatalities and over 2 million injuries due to defective devices.
Examples of medical devices that are prone to malfunctioning or tampering include:
- Heart valves
- X-ray machines
- Hip replacement systems
- Dialysis filters
- Hernia mesh
- Biopsy equipment
- Shoulder pain pumps
- Faulty implants
- Surgical warming blankets
Contact Us for a Free Consultation About Defective Medical Devices
Did a medical device harm you? A Bardstown defective medical device lawyer from Isaacs & Isaacs Personal Injury Lawyers can investigate and help you hold the hospital, device manufacturer, etc., accountable for harming you. Our team will compile and present irrefutable evidence to bolster your chances of winning a huge settlement.
We’re prepared to defend your rights in court if negotiations don’t yield the desired outcomes. Let us help you get restitution as you focus on receiving treatment. Get a free case consultation today.