Charlottesville Defective Medical Device Attorney
Modern medical devices, from tiny earplugs to full size prosthetic limbs, make our lives better in many ways. Indeed, people rely on these devices to keep them healthy. Unfortunately, mostly because the manufacturers take dangerous shortcuts, many of these devices let us down. In many cases, defective devices make a bad situation worse. If that happens, a Charlottesville defective medical device attorney stands up for you.
At MichieHamlett, our professional team includes more than Charlotte defective medical device attorneys. We also work with investigators, medical experts, accident reconstructionists, and other such professionals. So, we have the resources to take on multinational device manufacturers. Their teams of lawyers do not intimidate us. Instead of backing down or taking the first settlement offer, we diligently fight for you.
Types of Medical Device Defects
A defective medical device could seriously injure thousands of people. Fundamentally, these defects occur because device manufacturers prioritize making money above consumer safety. There are basically two kinds of defective medical devices in Charlottesville. MoM (metal on metal) hip implants illustrate them both.
- Design Defect: For decades, artificial hips had a combination of plastic and metal parts. MoM implants have all-metal parts. Zimmer and other manufacturers promised the new design would be stronger and longer lasting. But with each step the patient takes, friction causes microscopic metal flakes to enter the bloodstream. Over time, these flakes cause metallosis (metal poisoning).
- Manufacturing Defect: To save money, instead of using high quality parts from reliable sources, some hip implant companies use cheap metal parts from China and elsewhere. These parts often contain high levels of dangerous heavy metals, like cadmium and mercury. Additionally, these cheap parts often do not last as long as they should.
Regardless of the type of defect, the end result is usually the same. Instead of lasting almost forever, many defective MoM hip implants fail after just a few years. These victims experience excruciating pain and must have expensive revision surgery. Afterwards, they often lose what little mobility they had to begin with.
Manufacturers are strictly liable for the injuries their defective products cause. These victims must only link their injuries with a device defect. This rule seems very straightforward. But our Charlottesville defective medical device lawyers must often deal with some complexities.
Responsibility is sometimes an issue. The InFuse Bone Graft is a good example. This device was designed to graft bone cells from one part of the body to another, mostly to support prosthetic devices. But some dentists use the InFuse Bone Graft in experimental dental procedures. The Food and Drug Administration allows such off-label use. But manufacturers are not necessarily responsible for resulting injuries.
Evidence could be an issue as well. When doctors remove defective devices during revision surgery, the devices are usually damaged beyond recognition. So, it’s sometimes difficult to determine exactly what went wrong.
These challenges usually affect the burden of persuasion, as opposed to the burden of proof. The burden of proof refers to the legal foundation of a claim. The burden of persuasion requires victim/plaintiffs to convince jurors that they are in the right. So, presenting the evidence is usually just as important as collecting it.
Connect with an Experienced Attorney
Companies are responsible for the injuries their dangerous products cause. For a free consultation with an experienced defective medical device lawyer in Charlottesville, contact MichieHamlett. You have a limited amount of time to act.