Defective Medical Device Attorneys
When you and your doctor discussed using a specific medical device, you probably imagined it would improve your life, allow you more flexibility, relieve your pain, or make things easier for you. Instead, the procedure left you with more physical suffering than you had to start. When manufacturers fail to properly design and test the products they sell or fail to warn customers about potential health risks, the results can be devastating. Patients who rely on medical devices, such as yourself, are at risk of suffering serious consequences, including rising medical and hospital bills, physical discomfort, lost income, and the need for long-term care.
This is entirely unacceptable. When a patient in North Carolina uses or has a medical device implanted, they should not be exposed to hidden dangers and hazards. In these cases, medical device manufacturers must be held accountable for the harm caused by their defective goods. If you're facing side effects from a defective medical device, contact the defective product attorneys at Henson Fuerst for help by calling 919-781-1107 or submitting a free consultation form online.
Pharmaceutical Companies That Prioritize Profits Over Patients Need To Be Held Accountable.
When a defective medical device contributes to a patient's injury or death - doctors, hospitals, manufacturers, and distributors should be held accountable. Unfortunately, instead of issuing a recall, some companies will try to hide the problem by denying that anything is wrong with their product to continue making a profit. These businesses have a large legal team on their side, and they will do everything they can to refute your claim and avoid paying you the money you deserve.
We Fight For The Recovery You Deserve.
At Henson Fuerst, we have over 45 years of experience standing up for injured patients and their families throughout North Carolina in claims against medical device manufacturers. As defective product lawyers, we can:
- Thoroughly investigate your case, including examining your medical records and any other relevant evidence.
- Discuss the nature and scope of your medical device-related injuries with highly qualified experts to provide evidence in court.
- Handle all aspects of these cases' litigation, including completing the appropriate documents, conducting discovery, preparing a case for trial, and negotiating a just settlement,
We understand that you need someone who will listen, take you seriously, and provide you with dependable guidance and assistance. Navigating this process alone can be difficult, which is why we're here to help. With our resources, we will not stop fighting until the responsible parties are held accountable. No patient should worry about whether a medical product would cause hardships for them or their family. Our priority is to get you the maximum compensation you need to recover so you can lead a normal, pain-free life again.
What Is Product Liability?
Product liability is a branch of law that holds individuals liable for injuries caused by defective or potentially harmful products. Companies involved in designing, manufacturing, marketing, and distributing the medical devices may be held accountable for any damages if the item is defective or later proved hazardous to those who use it.
Types of Defective Medical Devices
Thousands of people are seriously injured each year as a result of defective medical devices. Defective products can cause a person to suffer for longer than expected, leading to additional surgery or medical procedures to fix the problem in the future. The most common devices that are found defective are:
- Knee and Hip Implants
- Hernia Mesh Implants
- Birth Control
- Heart Stents
- Pacemakers or Defibrillators
- Breast Implants
Filing A Product Liability Claim
It is critical to speak with an experienced product liability attorney if you feel you have been injured by a defective medical device in North Carolina. The law in NC favors businesses and manufacturers above individuals. The law surrounding product liability is complicated, and successfully resolving a product liability lawsuit necessitates substantial understanding. You'll have to show that the company, manufacturer, or seller is responsible for your injuries. Since there is no tort for strict liability in North Carolina, the only doctrine you can utilize to seek compensation is negligence.
Ways Medical Devices Can Be Found Defective
If you want to bring a lawsuit, you'll need to prove that the medical device is defective. Typically, these types of cases allege that the manufacturers failed to meet specific basic safety and efficacy standards, including:
- Design Defects. Even when used properly, when a design is inherently defective and causes injury, the consequences for patients are severe. Companies that release devices with inadequate design are responsible for the losses suffered by those who relied on the product.
- Manufacturing Defects. Multiple parties may be accountable for the harm caused by a device's loss of capacity to operate correctly if it is damaged before it reaches the consumer.
- Marketing Defects. Marketing flaws such as a manual defect or a failure to warn of the product's inappropriate usage or hazards can cause a company to be liable.
- Failure to Warn. A company or manufacturer may be held responsible for injuries if they fail to sufficiently advise customers about using their products or if they discover a fault after the product has been on store shelves and neglect to warn consumers about it.
- Breach of Warranty. A breach of warranty occurs when the product becomes faulty during the warranty period provided. If a defect causes you to become injured during the warranty period, you have grounds for a product liability case.
Depending on the nature of your injuries and the product itself, these cases can be very complex and difficult to establish liability. The attorneys at Henson Fuerst understand the complex legal and scientific aspects of defective medical device litigation. We work tirelessly to uncover dishonest product development tactics and marketing practices that may have caused you or a loved one harm.
Statute Of Limitations and Repose for Product Liability Claims in NC
Every state is responsible for setting deadlines for how long victims have to file lawsuits in personal injury cases. These deadlines are called the statute of limitations. For example, in North Carolina, the statute of limitations for product liability cases is three years from when the injury or illness occurs for personal injury cases or two years for wrongful death. If an injury victim or the decedent’s family fails to file a lawsuit against an alleged negligent company or manufacturer within the applicable limitations window, they will lose the ability to recover any compensation for their losses.
In addition, any claims for defective products must be filed within an applicable statute of repose- which is within 12 years from the date of original purchase. Both the Statue of Limitations and Statue of Repose must be met in order for a claim to be preserved.
Compensation for Defective Medical Product Victims
Examples of recoverable damages (also referred to as compensation) in a defective product case against manufacturers include:
- Medical expenses, including the cost of medical and health care and any long-term facilities or rehabilitation
- Lost wages, both for the time that they have not been able to work and for future lost earnings
- Emotional distress, pain and suffering
- Wrongful death damages, if someone was killed by a defective medical product
- Loss of consortium for a spouse
As product liability lawyers, it's our job to quantify the losses you can be compensated for and pursue all elements of damages the law allows. To determine compensation is available to you, we will perform a comprehensive evaluation of your future vocational or rehabilitation training needs, as well as additional long-term financial costs.
Get Help from an Experienced Defective Medical Device Lawyer
It's terrifying to learn that a medical device used to treat you or a loved one's ailment caused more harm than good. To receive compensation for your suffering and hold a corporation accountable for producing a dangerous medical device, a lawsuit against a negligent business or manufacturer may be your only legal recourse. The attorneys at Henson Fuerst can help get you started. Call us today at (919) 781-1107 or fill out a free initial consultation form.
Talk with us for Free.
The Henson Fuerst attorneys are always ready to talk to you about your case at absolutely no cost to you. We’ll answer questions that you may have and help you get back on your feet.
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