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Medical Products
Medical Products Featured Video
Hip implants recalled
Posted: Fri, 10/29/2010
If you, a friend, or a loved one experienced complications as the result of a Zimmer Durom Cup hip replacement, implanted after March 16th, 2006, you may qualify for a cash settlement. Please complete the form and one of our attorneys will contact you or call 1-800-LAW-FIRM now!
Medical Products
Medical products litigation is a complex and difficult process. The proof or dis-proof of product defects and their involvement in personal injury are fought vigorously by both patients and manufacturers in any case. A medical product liability case can arise from injuries caused by defective or dangerous medical appliances, equipment, organ transplants, prosthetic devices, surgical implants, surgical equipment, hospital supplies, diagnostic equipment, and hearing and visual aids. Any of these products can be the subject of a products liability lawsuit if they cause injury to a patient.
The Food and Drug Administration (FDA) regulates the safety and effectiveness of medical devices. The amount of control the FDA exercises over manufacturers depends on how likely the goods being produced are to cause injury. The FDA has promulgated standards and practices with which manufacturers must comply. Evidence of compliance may bolster a defendant manufacturer's case that it was not negligent, and evidence of failure to comply can support a plaintiff's claim that the injury-causing product was defective. The FDA also prescribes labeling requirements for certain medical products. A manufacturer's compliance with these requirements, however, does not itself relieve the manufacturer from failure-to-warn liability.
People filing state court lawsuits over the safety of federally-approved medical devices may face stricter legal hurdles, after a decision handed down by the U.S. Supreme Court in February 2008. In Riegel v. Medtronic, Inc., the Court held that the Medical Device Amendments of 1976 bars most state law claims challenging the safety or effectiveness of a medical device that received market approval from the U.S. Food and Drug Administration (FDA). However, obtaining an experienced attorney with a wide range of analytical expertise, and materials and process knowledge will argue for your rights against the toughest attacks.
1-800-LAW-FIRM has network attorneys that are experts in defective medical products. If you are interested in learning more about whether you have a medical product claim, please click the links to learn more or call 1-800-LAW-FIRM to speak with one of our knowledgeable attorneys who can answer your questions now.
