Have you been injured because of a defective medical device in Houston, TX? You might be entitled to compensation from the device manufacturer, your doctor, or other responsible parties. Contact Brian White & Associates to find out how our Houston personal injury lawyers might be able to help you get all of the money you deserve.
Our law firm offers a free initial case evaluation. Give us a call or connect with our team online to arrange a time to discuss your case in detail today.
How Our Personal Injury Lawyers Can Help With Your Defective Medical Device Case
Medical devices are supposed to improve the quality of your health – not make things worse. Unfortunately, some devices don’t work and others are downright dangerous. The companies responsible for putting these defective medical devices on the market have to be held accountable for the harm they cause.
However, the last thing a manufacturer wants to do is to admit that there’s a problem. So, they’ll work hard to disprove or downplay any relationship between your injury and their device. In order to level the playing field and hold them accountable, the best course of action is to enlist the help of our experienced Houston injury lawyers.
For decades, the attorneys at Brian White & Associates have been going toe-to-toe with multinational medical device corporations. We’ve gone up against the biggest names in the industry and come out on top. Our lawyers understand how challenging these cases are. We know that the stakes are incredibly high. We also know what it takes to win. If you’ve been injured because of a defective medical device, we’ll do everything in our power to secure a substantial monetary settlement or award on your behalf.
As we navigate your defective medical device case, we will:
- Determine how your device was defective and identify if others have suffered similar harm
- Identify any adverse events associated with the device that were reported to the FDA
- Analyze the manufacturer’s safety testing and data
- Gather evidence to establish and support a causal link between the defect and your injury, and
- Consult with experts as we investigate, build, and value your case.
Our law firm will invest the financial resources and legal manpower that are necessary to get the best possible result in your defective medical device injury case. If companies refuse to negotiate, our Houston trial lawyers will not blink before taking them to court.
To get started, simply give our firm a call to arrange your free initial case evaluation. It’s that easy.
We Handle All Defective Medical Device Cases
Some medical devices work. Others don’t. When a device is defective, the consequences can be catastrophic or deadly. If you or a loved one has been harmed because of a defective device, Brian White & Associates will be there to help you pursue compensation. We represent clients who have suffered injuries and lost family members because of defective:
- IVC filters
- Transvaginal mesh
- Hernia mesh
- Metal on metal hip replacements
- Other hip implants
- Heart valves
- Artificial disks
- Breast implants, and more.
Do not hesitate to contact our law office in Houston, Texas if your life has been impacted by a defective medical device. Your first consultation is free, so connect with us today to learn more.
How Did I Get a Defective Medical Device?
Medical devices can make a lot of money for multinational corporations. So, the sooner a company can develop a device and get it onto the market, the better. At least, that’s true for the company’s bottom line. Rushed design, development, testing, and manufacture is not in the patient’s best interest.
You’d expect that the United States government, and the FDA in particular, would make sure that there were rigorous application and testing requirements for medical devices, right? And, that is true. However, there are exceptions to the rule. Many companies exploit these exceptions to their benefits.
FDA 510(k) Clearance Loophole
The most notable exception is the FDA’s 510(k) clearance process. Basically, a medical device doesn’t have to be extensively tested if there’s a similar device on the market already. The company just has to say that the new device is as safe or substantially safer than the old product. Once a company does that, the FDA can “clear” a product for sale and use.
Here’s the problem. Until the 1970s, the FDA didn’t have rigorous testing processes in place. So, it approved many medical devices that simply weren’t safe. Many of those devices have been pulled from the market. However, they were approved by the FDA. So, a company that wants to make a new device can rely on that old dangerous product as it navigates the 510(k) clearance process. So, many devices are being touted as “safe,” but only in relation to old, outdated, dangerous devices.
The result: companies are putting medical devices on the market before knowing how those devices will affect patients. Without knowing what potential problems might arise. Now the patient becomes the test subject. Issues are only discovered once innocent recipients get hurt and suffer.
Medical Device Manufacturers Can Be Strictly Liable For Injuries
Medical device companies should still take the time that’s necessary to test and analyze products. That’s because, under Texas state law, these companies can be strictly liable for injuries if those products are determined to be defective. If anyone suffers an injury because of that product defect, the company can be forced to pay.
Design Defect: A medical device would be considered to have a design defect if the product is inherently dangerous. If it’s hazardous because of its design. Was there a safer way to design the device? Would it have been reasonable to implement that other design? If so, the company can be liable for resulting harm.
Manufacturing Defect: A medical device would be considered to have a manufacturing defect if the product is dangerous because of the way it was assembled or put together. The product is designed properly, but an issue occurs because it was not manufactured properly. This could involve forgetting to include certain materials, using the wrong materials, or simply putting the product together improperly.
Marketing Defect: A medical device would be considered to have a marketing defect if the product was dangerous because of concealed risks of dangers. A company has a duty to disclose any hazards or risks associated with the use of a product that it knows about or should know about. A failure to warn can result in liability.
Note that medical device manufacturers can also be held accountable for negligence. However, this will involve proving that the company owed you a duty of care, breached it in some way, and caused you harm. Strict liability simply means that the company is responsible, regardless of how much care they used in developing and making the device.
What Damages Can I Get If I’ve Been Harmed By a Defective Medical Device?
The fact that you’ve been injured because of a defective medical device is inexcusable. The company responsible for that product must pay. Brian White & Associates will work night and day to make that a reality for you.
Our product liability lawyers will aggressively pursue all available damages on your behalf. This might include money for:
- Present and future medical bills
- Nursing care
- Wrongful death
- Lost wages and income
- Reduced earning capacity
- Loss of enjoyment of life
- Disfigurement and scarring
- Pain and suffering, and
- Emotional distress.
Contact us today to find out how we can help you stand up to big medical device and pharmaceutical companies. We’ll do everything we can to get you the money you need and deserve.
Statute of Limitations for Defective Medical Device Lawsuits in Texas
The fact that you’ve been injured because of a medical device means that you might have the right to file a claim against the manufacturer. You’ll only have a limited amount of time to do that. In Texas, product liability lawsuits must be filed within two years of the date of injury. You could have additional time if you didn’t know about the injury right away. Contact our legal team for immediate assistance. We will work diligently to make sure that your claim and all case-related forms are filed on time.
Schedule a Call With Our Houston Defective Medical Device Lawyers Today
Are you struggling with the painful consequences of a dangerous medical device? Contact the Houston medical device attorneys at Brian White & Associates to find out how we might be able to help you recover a substantial monetary award. We offer a free consultation, so call now.