Reliable medical devices are crucial to the health of many Cincinnati residents. For instance, many people rely on artificial heart valves, joint replacements, and other implants. If a doctor recommends one of these devices, patients have the right to expect that it will function as intended and improve their physical well-being.
Sadly, this is not always the case. Makers of medical devices sometimes allow errors to occur during the designing or manufacturing processes. If you were harmed by a dangerous product, a Cincinnati defective medical devices lawyer could work on your behalf to demand proper payments from at-fault manufacturers. One of the skilled class action attorneys at O’Connor, Acciani & Levy could explain the state’s product liability laws and help you pursue fair payments from insurance claims or lawsuits.
Proving that a Medical Device is Faulty
As a general rule, the makers of all consumer products, including medical devices, must produce objects that function as intended. This does not mean that their products must be incapable of causing harm. Rather, this means that the item must not malfunction as long as a consumer uses it as intended.
If injuries result from a malfunctioning item, the resulting lawsuits and insurance claims are called product liability cases. According to Ohio Revised Code § 2307.71(13), a successful case for a defective medical device must show that:
- There was a flaw in the product’s design, manufacture, creation, or assembly
- The manufacturer failed to provide proper warnings or instructions that would have allowed for safer use
- The product failed to live up to a representation or warranty
In many of these cases, it is necessary to work with an expert who can explain how a medical device failed, why that failure was a product of manufacturer error, and how that failure might have been preventable. If you've been affected by one of the of the following medical devices, you may be entitled to compensation:
- Bair Hugger Warming Blanket
- Bard IVC Filter
- Biomet Hip Replacement
- DePuy Hip Implant
- DePuy Knee Replacement
- DePuy Pinnacle
- Essure Birth Control
- Ethicon Physiomesh
- Gynecare Mesh
- Hernia Mesh
- Kugel Mesh Hernia Patch
- Metal-On-Metal Hip Replacement
- Mirena IUD
- Philips CPAP
- Shoulder Pain Pump
- Stryker Hip Replacement
- Transvaginal Mesh
An experienced attorney with a background in defective medical devices could provide more information about the state’s product liability laws and work with Cincinnati experts to build an effective case for compensation.
Compensation for Medical Product Defect Claims in Cincinnati
The purpose of any personal injury claim is to collect the compensation that the plaintiff needs to get their life back to normal. As such, part of an attorney’s work is to determine how a faulty medical product has impacted their life.
Losses stemming from medical device failure can be significant. A faulty medical product may cause injuries that require additional surgeries and lengthy rehabilitation, as well as severe emotional anguish. Additionally, a victim may be left unable to return to work or interact with their loved ones in the same way.
A claim for compensation must evaluate the entirety of a patient’s losses to hold a negligent manufacturer accountable. The local attorneys at our firm can work with an injured victim to understand their situation, gather evidence of loss, and demand full payment from those responsible for the defective medical device.
Discuss Your Case with a Cincinnati Defective Medical Devices Lawyer
The makers of consumer goods have a duty to produce items that function as intended. If you suffered an injury because of a medical device failure, reach out to our knowledgeable legal team to discuss your circumstances. There may have been a design error, manufacturing defect, or a lack of proper instructions that contributed to your injuries.
In these situations, injured individuals may be entitled to join a class action lawsuit and recover compensation to help cover medical bills, pain and suffering, and other expenses. In an initial consultation, a Cincinnati defective medical devices lawyer can explain the relevant laws and how they might affect your case. Our attorneys are experienced at working with qualified experts to determine the full value of your claim. Contact O’Connor, Acciani & Levy today to get started.
