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Medical Device Defect and Recall

Holding companies accountable for dangerous medical devices

Maine Medical Device Defect and Recall Lawyers

From artificial joints to implantable pacemakers, the medical device industry in the U.S. continues to boom. There are literally thousands of companies making medical devices, with combined annual sales of more than $100 billion.

But there is a dark side to this fast-paced growth and innovation. Not all medical devices are safe. The number of defects and recalls continue to rise. The truth is that many devices have caused permanent injuries and even death to the patients they were supposed to help.

When medical device manufacturers put profits before consumer safety, our attorneys are prepared to hold them accountable. Working in collaboration with other national law firms, we will recover full compensation for you and your family for the harm done to you.

See our article discussing some of the most common mass tort FAQs we receive.

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How to find out if you have a valid medical device claim

The United State Food and Drug Administration (FDA) keeps track of more than 1,700 types of medical devices. There are known problems and defects with many medical devices, and some are the source of ongoing lawsuits in courts around the country. If you have been harmed by one of these or other medical devices, you may have a claim.

  • Inferior Vena Cava Filters (IVC filters). Inserted in veins to prevent blood clots from reaching vital organs, these tiny cage-like devices can break and/or move from their intended location in a patient’s body, causing serious injury.
  • Power Morcellator. Used in laparoscopic surgeries for women, these devices may spread cancer. This problem has led to power morcellator lawsuits around the U.S.
  • Bair Hugger. Hospitals used these devices for decades to keep people warm during certain orthopedic surgeries, but studies have shown they circulate bacteria, sometimes leading to dangerous infections.
  • Essure. Manufactured by Bayer since 2002, this sterilization device for women is the target of more than 5,000 complaints to the FDA. These complaints range from unintended pregnancy to punctured fallopian tubes.
  • Defective Hip Implants. An $800 million recall of hip replacement devices by Depuy Orthopaedics in 2010 brought public attention to a wide range of injuries caused by certain hip implants, particularly newer all-metal devices.
  • Transvaginal Mesh. These net-like implants are used to treat urinary incontinence, organ prolapse, and other conditions in women. Some of the devices are known to cause serious complications including infection and organ perforation.

The first step in determining whether or not you have a valid claim is a free consultation with one of our attorneys. We will conduct a thorough review of your medical records and answer any questions you might have. There are strict statutes of limitations in medical device and recall cases, so it’s important to get in touch with us as soon as possible if you believe you have a claim.

Why are some medical devices dangerous?

There are a number of reasons why medical devices can be dangerous, including:

  • Design flaws or inadequate testing before a company brings a product to the marketplace.
  • Failure by a medical device manufacturer to properly warn the medical community and consumers about risks.
  • Marketing of a product for uses not approved by the FDA.

All of these failures come back to the basic principle of accountability. Manufacturers of medical devices can and should be held accountable if they put consumers at risk.

These cases fall under the category of product liability: the responsibility of manufacturers, distributors, and others involved in the supply chain to foresee and test for potential risks and deliver safe products to the market.

A Law Firm That Listens

Berman & Simmons is widely recognized as the best personal injury lawyers in Maine and among the best in the U.S., having won many of the largest jury verdicts and settlements ever obtained for injured people in Maine.

Our trial lawyers have won thousands of claims on behalf of those injured in a car accident, and each year we build on that successful track record.

Our attorneys and staff members will take the time to listen to you, work to understand your concerns, and come up with solutions that can make your life better, including obtaining payment for or deferral of your debts until your case is resolved. We help you recover and make sure you receive full compensation for your injuries and loss.

We'll Take Care of the Heavy Lifting

A Team Approach for Our Clients

What compensation can I receive if I was harmed by defective medical device?

Under state and federal law, victims of defective products have the right to recover financial damages for various categories of loss, including:

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    Pain, suffering, and emotional distress, past and future

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    Interference with your enjoyment of life

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    Medical expenses, past and future

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    Time lost from work

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    Loss of future earnings

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    Wrongful death damages (for the estate)