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Our Michigan defective medical device lawyers understand that you may have many questions about defective medical device and equipment. Below, we attempt to answer many of the questions we are frequently asked.

Of course, you probably have questions specific to your situation that require the attention of an experienced defective medical device attorney.

Our lawyers have the experience to answer any questions you may have regarding your case. In answering those questions, we hope to offer some guidance on the next steps you can take. In addition to answering questions, an experienced attorney can assist you in your medical device case as well. Our lawyers have the skills necessary to collect evidence, determine liability, and assess damages owed to you by medical device manufacturers.

Get Answers to Your Medical Device Questions

No two medical device cases are the same. However, many of the cases we have handled in the past have had commonly asked questions. Receiving answers to these questions can give you an idea of how to pursue your case. Some of the most frequently asked questions regarding medical device cases include:

  • What is makes a medical device defective?
  • Who is the most at risk for receiving a defective medical device?
  • Who is responsible for my medical device injury?
  • Can I sue a medical device company?
  • Can I still file a claim if the product has not been recalled or issued a warning?
  • What type of medical device can I file a defective medical device claim for?
  • What type of suit can I file for my injury?
  • What is multidistrict litigation and why is it used in medical device cases?
  • What is the difference between a medical malpractice claim and a product liability claim when it comes to defective or dangerous medical devices?
  • What kinds of damages can I recover?
  • How long do I have to make a claim?
  • Will my claim be part of a class action lawsuit?
  • Why is it important to hire an attorney experienced in this field?
  • Can I file a defective medical device claim for a deceased family member or loved one?

We encourage you to contact us for a free, no-obligation case review to tell us your story.

Call us now. We are friendly and eager to help you.

A medical device is an instrument, apparatus, machine, implant, or similar piece of technology used to treat, monitor, or diagnose a disease or medical condition. They are designed and manufactured by medical technology and engineering firms and prescribed by physicians. They range from tiny implanted devices to large imaging systems, like and MRI machine. However, the most common reference to a medical device involves a replacement to a body structure, like a hip, or a computer type device.

The term medical devices consist of a wide range of products. Examples include:

  • Pacemakers,
  • IVC Filters,
  • Hip implants,
  • Knee implants,
  • Hernia mesh,
  • Vaginal mesh, and
  • Intrauterine Devices (IUD).

These are devices implanted into a patient’s body.  Other devices are used outside the body to treat the patient.  These include surgical lasers, power morcellators, and imaging machines.

Medical devices should not cause dangerous side effects or complications.   They are presumed to be safely manufactured for use on patients.  However, many devices have issues and actually cause serious harm to the patient.

When a medical device causes injury, the device manufacturer may be held legally responsible for the damages suffered by the patient.  Quite often, a large number of patients experience the same or similar injuries from a defective device.  Those people can sue the device maker for their injuries.

Some defective medical device cases are filed as individual cases.  Others are filed as a class action lawsuit. Your lawyer will determine the best lawsuit for you.

A class action lawsuit is when a case is filed for a group of people who suffered similar injuries from the same medical device.  These cases have strength in numbers and can result in a large class action settlement.  The settlement money is then divided up between the lawsuit claimants based upon the level of their injury.

Other medical device lawsuits are filed individually for each patient, but consolidated as a part of a large multi-district litigation (MDL).  This provides for efficiencies because a large number of claims are in front of a single judge.  However, each Plaintiff has his or her own unique claim which is determined solely on the merits of the claim.

Almost all defective device cases are filed in court.  Once in court, the attorneys for the parties litigate the key legal and medical issues.  If the judge does not dismiss the case, there is often either a trial on a few cases or the initiation of a settlement process.

The likelihood of your individual case going to trial is low.  Out of thousands of cases, attorneys hand pick a few to take trial.  Or, if there is simply a settlement claims process then no cases officially go to court for a jury trial.

You could always try to submit your own medical device claim.  However, these cases are costly, time consuming, and require significant legal expertise.  The best thing to do is hire a qualified and experienced medical device lawyer to handle your case from start to finish.

Almost all attorneys who handle these cases represent their clients on a percentage of the settlement basis.  This is also called a contingency fee.  The claimant does not have to pay any money to hire the lawyer or pay any of the costs of the case.  If there is a settlement, the attorney is paid a percentage of the settlement for a fee at the end of the case.