HomeNews Medical Devices Medical Product Liability, Explained

Mar 12, 2020 in News --> Medical Devices

Medical Product Liability, Explained

Medical Product Liability, Explained

Companies that manufacture medical products – implants, pharmaceuticals, surgical tools, etc. – have a duty to ensure their products are safe for public consumption. This is a duty shared by all manufacturers, but it is especially pertinent for businesses that produce devices designed to treat ailments. A defective or dangerous medical device can cause serious, long-lasting injuries.

When a person is harmed by a defective or dangerous medical device, they may choose to pursue a medical product liability lawsuit with representation from an experienced personal injury or medical malpractice lawyer. As with other product liability cases, medical product liability lawsuits can be brought against any party in the product supply chain. Compensation may be sought for negligent design, negligent manufacture, or breach of duty to warn of the product’s dangers.

Examples of Medical Product Lawsuits

Hernia Mesh

In recent years, Neinstein Medical Malpractice Lawyers has fielded calls from patients experiencing serious complications from hernia and transvaginal meshes. These synthetic surgical tools are used to support weak and damaged tissue in hernia, stress urinary incontinence (SUI), and pelvic organ prolapse (POP) operations. Although complications occur in a relatively small percentage of cases, the high number of operations that use hernia and transvaginal meshes means hundreds of patients are affected every year.

Hernia and transvaginal mesh complications can cause infections, organ ruptures and punctures, serious chronic pain, pain during sex, and a variety of mental and physical damages. Several class action lawsuits allege the manufacturers of hernia mesh products failed to adequately warn physicians and consumers about their possible side effects and risks.

Opioids

In 2019, a proposed class action lawsuit alleged that some of Canada’s largest pharmaceutical companies failed to adequately warn patients and physicians about the addictive nature of their opioid painkillers.

“The defendants knew that anyone who injected opioids would be at significant risk of becoming addicted,” read the statement of claim. “As such, the defendants breached statutory and common law duties to the plaintiff and class who became addicted to opioids for which the defendants owe damages.”

Medical Product Liability vs. Medical Malpractice

Medical product liability cases are different in many respects from traditional medical malpractice cases. For example, medical product liability cases are often brought as class action or mass tort lawsuits, whereas medical malpractice generally involves a single plaintiff seeking compensation from a medical practitioner or facility. While an experienced medical malpractice lawyer may be able to assess your claim and provide guidance during the legal process, it is likely that your case will also be handled by a personal injury lawyer with experience in product liability claims.

Contact Neinstein Medical Malpractice Lawyers

If you have been injured in a medical setting, contact Neinstein Medical Malpractice Lawyers today to discuss your claim with a medical malpractice lawyer. Our experienced team can explain your legal options and provide the support you need during your recovery.

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N.V. & K.H Medical Malpractice Lawyer Testimonial from N.V. and K.H.
"We were referred to Duncan through a relative who happens to be a lawyer and has knowledge of the trauma that we were experiencing at the time. Our daughter was born with a traumatic brain injury at delivery and we were clueless about our options but felt we needed to speak to someone and at least explore different possibilities.

Duncan was the second lawyer we met with but immediately felt he would be the best person to represent us. We could tell from the beginning he had immense medical knowledge because of his many years of experiences as a medical malpractice lawyer and we connected with Duncan as a person and a parent; he was very personable.

Throughout the four-year journey we embarked on Duncan became more of a family member than a just a lawyer. It was an extremely complex process that needed not only legal expertise but also leadership and Duncan always put our family first. One of the most important attributes that Duncan possesses outside of his legal skills is his ability to understand our family dynamics and keep us informed at every step of the way.

This case was literally our life for over four years. The stress was absolutely enormous and Duncan advocated for us as if he was advocating for his own family. Too many times he had to deal with not only an impossibly frustrating defense counsel but also our short tempers, frustrations and fears. He balanced all this and kept us focused on what was important while he took care of the legal process, which he knew inside out. My wife and I would reassure ourselves that we trust Duncan and his amazing team and that literally got us through some very trying times.

In the end Duncan not only got us the result that was needed and deserved but he did so with putting our family first and in our fragile mental and emotional state we could not have asked for anything more. It's great to know that we now have the ability to take care of our daughter and her future needs.

I would recommend Duncan without even a moment's hesitation to anyone that needs expert legal advice and guidance. He is Master of his craft and truly cares about the families he represents."
 
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"In 2010, I met Duncan for the first time with my wife. He explained to me that he had reviewed all the information I had sent to his firm and he said he couldn't believe what he was reading. With that he looked at me and said he would like to help me, because there is a good cause for legal action. So he took the case and things started moving along. The ordeal took many years but we eventually closed the case.

During that period, I spent a lot of time with Daniela and a lot of time with Duncan. They came to my home many times to go over things with me and my wife; they took care of the whole legal process for me.

I feel that after 5 years we have more than a professional connection; we developed a strong friendship. I feel more than just a client; I feel like they care about me, my family and my welfare. The way he talks about his clients is very endearing. He is a very compassionate man and he remembers all details about his clients which is very reassuring. You couldn't ask for two people to represent you better than what they did. They just don't exist. Over all those months, that I went through the discovery, pre-trial and trial other lawyers would come up to me and say "You are a fortunate man, Duncan is one of the best lawyers you are ever going to get" and that wasn't just one time, it was several times that other lawyers came up and told me that. I always felt very confident in working with Duncan. He changed my life for the better and for that I am so grateful."
 
Farima M. Medical Malpractice Lawyer Testimonial from Farima M.
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Anna S. Medical Malpractice Lawyer Testimonial from Anna S.
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Rathini S. Medical Malpractice Lawyer Testimonial from David R.
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D.D. Medical Malpractice Lawyer Testimonial from D.D.
"5 Stars !!!!! We both feel grateful to Neinstein and its lawyers for accepting us as clients. Daniela Pacheco patiently explained to us processes and next steps. Her guidance provided comfort. She always fought for us and never gave up. We were represented with compassion and our cause was pursued with determination and commitment."