What do I do if there is a recall on a medical device implant and I have experienced problems with it?

Get Legal Help Today

 Secured with SHA-256 Encryption

What do I do if there is a recall on a medical device implant and I have experienced problems with it?

Asked on April 11, 2012 under Malpractice Law, Arizona

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

This area of law is called products liability.  You can sue the manufacturer for negligence and strict liability.  Negligence and strict liability are separate causes of action (claims) in your lawsuit.

Negligence is the failure to exercise due care (that degree of care in this case that a reasonable manufacturer would exercise to produce a product that is not defective).

Strict liability is liability whether or not due care was exercised.

Prior to filing your lawsuit, it may be possible to settle the case with the manufacturer's insurance carrier.  You should obtain your medical bills, medical reports and documentation of any wage loss.  These items should be due to the problems you have experienced with the medical device.  Your claim filed with the manufacturer's insurance carrier should include your medical bills, medical reports and documentation of any wage loss.  Compensation for the medical bills is straight reimbursement.  Compensation for wage loss is straight reimbursement.  The medical reports will document the nature and extent of your injuries and will be used to determine compensation for pain and suffering, which is an amount in addition to the medical bills.  If you are dissatisfied with settlement offers from the manufacturer's insurance carrier, reject the settlement offers and file your lawsuit for negligence and strict liability against the manufacturer.  If the case is settled with the insurance carrier, NO lawsuit is filed.  If the case is NOT settled with the manufacturer's insurance carrier, you will need to file your lawsuit against the manufacturer for negligence and strict liability prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption