Although the FDA is responsible for making sure that medical devices are adequately tested, device recalls have become increasingly common. Medical device manufacturers are often slow to respond to consumer complaints and must be held liable for injuries caused by their products. You can hold them accountable with a personal injury lawsuit.
While defective medical device litigation involves complex science and requires both legal and medical experts to effectively build a case, that work is your lawyer’s job, not yours. Whether on a personal or class action scale (for widespread device failures), your attorney from The Lyon Firm will investigate, prepare evidence, and meet deadlines on your behalf. Your priorities are your health and the well-being of your family.
If you or a loved one has suffered an injury due to a defective medical device and have questions about the legal remedies available to improve quality of life and medical care, contact The Lyon Firm online or by phone at (513) 381-2333. You will speak directly with Mr. Lyon, and he will help you answer these critical questions, and possibly begin representing you right away.
Companies should voluntarily issue a recall when a medical device has an unacceptably high rate of failure or complication. However, because those companies are businesses, they sometimes hesitate to act until there is a profit incentive. A substantial settlement or verdict for you could help:
According to plaintiffs and attorneys, defective medical devices may only be recalled after they are known to cause serious health problems or targeted by lawsuits.
The following devices and implants have been recalled by various manufacturers at an alarming rate:
If you’ve been injured or experienced complications due to any of these medical devices, it may be due to product defectiveness. You could secure the resources you need to afford better care through a defective device lawsuit.
There are two methods that may apply to legally proving a defect in a medical device:
Any personal injuries or economic loss that arise from the defect are compensable under Ohio defective product liability law.
The deadline for filing a defective medical device claim depends on your state. In Ohio, the deadline is two years from the date of implantation or the date of diagnosis of your injury. An example would be a defective metal-on-metal hip implant that works for years before you discover you have metal poisoning due to the device. An extension may also exist if there was a cover-up involved intended to hide information about a defective device from your knowledge.
Your window for justice may be closing rapidly. Joe Lyon has successfully litigated cases against some of the largest companies in the world like Johnson & Johnson, and Bayer. Contact The Lyon Firm at (513) 381-2333 as soon as possible for experienced representation.
Please see THE LYON FIRM CASE RESULTS for more information.
Nationwide Consolidation in U.S. District Court, Northern District of Ohio. The Depuy ASR Hip design was plagued with problems related to premature loosening and metallosis, caused by chromium and cobalt entering the blood stream.
The resulting injuries were a result of the metal-on-metal friction inherent with the design of the product. Depuy recalled the ASR and entered into a global settlement valued at $2.5 Billion to cover an estimated 8,000 patients.
The Lyon Firm represented several clients in the original settlement and continues to be active in this litigation. The settlement funds provided compensation for the revision surgeries, including compensating for medical costs, lost wages, and pain and suffering.
Nationwide Consolidation in U.S District Court, Northern District of Indiana. Similar to the Depuy ASR, the Biomet metal-on-metal hip design allegedly contributed to premature hip failures and metallosis due to the metal friction.
Biomet entered into a global settlement valued at $56 million to cover a few thousand claims. The Lyon Firm represented several plaintiffs in the original settlement and continues to be active in this litigation on behalf of clients that did not participate in the national settlement.