Fighting For Boston Families For More Than A Decade

Personal Injury 2022
Better Business Bureau Accreditation
Massachusetts Academy of Trial Attorneys
Medical Malpractice 2022
Massachusetts Bar Association
Best Lawyers
American Association for Justice
The National Trial Lawyers Top 40 Under 40

Boston Defective Medical Devices Lawyer

Were you or a loved one harmed because of a defective medical device in Boston, MA? The manufacturer could owe you compensation for medical bills, lost wages, pain and suffering, and more. A skilled Boston defective medical devices lawyer at Sweeney Merrigan Law, LLP can help fight for the fair compensation you deserve. 

We’ve been handling complex product liability claims for nearly a decade. Our legal team has recovered tens of millions of dollars in compensation for victims across Boston–and we’re here to fight for you.

Contact our law offices in Boston, Massachusetts, at (617)-391-9001 to schedule a free initial consultation and learn more about protecting your legal rights.

How Sweeney Merrigan Law, LLP Can Help With a Defective Medical Devices Claim in Boston

Medical devices are meant to improve your quality of life. Unfortunately, manufacturers often rush these products to market so they can start making a profit before they know whether the product is safe.

These big companies rarely step up and take responsibility for their actions. If you were hurt by a defective medical device, you’ll have to fight for the compensation you need. An experienced Boston personal injury lawyer at Sweeney Merrigan Law, LLP can support you through that fight.

When you hire our lawyers, we will:

  • Investigate to identify the exact defect that caused your harm
  • Determine whether others suffered similar harmful side effects
  • Hire medical experts and specialists to support your personal injury claim
  • Negotiate to recover the maximum compensation available from the insurance companies

Facing off against a big corporation can seem impossible. Collectively, our Boston personal injury attorneys have 100 years of experience handling these complex claims. We’ve successfully stood up to the biggest insurance companies and corporations out there–and we’re prepared to do the same to help your family.

Ready to get started? Call for a free case review today if you were hurt by a defective product in Boston, Suffolk County, Norfolk County, or Essex County.

How Common Are Defective Medical Devices in Boston?

Most patients assume that medical devices and drugs are rigorously screened and tested before they’re put on the market. Unfortunately, that isn’t always the case. Dangerous medical devices are used on patients much more often than you might think.

In fact, the number of medical device recalls spiked in 2019, with at least 60 FDA-reported product recalls

Why Was My Medical Device Defective?

Under federal law, not all medical devices are reviewed by the Food and Drug Administration (FDA) before patient use. 

There are three classes of medical devices, including:

  • Class I devices, which present a relatively low risk of harm and are not subject to FDA review
  • Class II devices, which include things like syringes, catheters, and surgical gloves
  • Class III devices, which have the highest risk of causing harm. These include breast implants, pacemakers, defibrillators, and other devices that are implanted in the body or considered life-sustaining.

However, not every single medical device undergoes careful FDA testing. Class III medical devices are technically subject to the most intense FDA scrutiny. However, there’s a major loophole in the process.

Often, new medical devices are similar to devices that are already FDA-approved. The FDA’s 501(k) clearance process allows those products to avoid the usual testing procedures that would otherwise apply. A medical device can be cleared for sale if the manufacturer can show that it’s at least as safe as a similar product on the market. 

Many medical devices have been on the market for decades. Those products weren’t subject to strict testing requirements when they were initially labeled as “safe.” Some new devices are cleared for sale based only on the fact that they’re substantially similar to older model products–which may be dangerous themselves.

What is My Boston Defective Medical Devices Case Worth?

The value of your case depends on the severity of the harm you suffered. As every patient is unique, so is every personal injury case. 

However, some of the primary factors that will determine what your injury claim is worth include:

  • The nature of your injuries
  • The types of medical treatment required
  • Your lost wages and income
  • Whether the damage is permanent
  • The emotional and psychological toll of your injuries
  • How the defective device impacted your daily life

Because of the complex nature of these cases, we’ll bring in experts to help support your injury case. With their insight, we can get a better sense of the damages you’ve suffered.

What Types of Damages Are Available to Victims of Defective Medical Devices?

A defective medical device can have a ripple effect on your life. Even if you aren’t initially sure what harmed you, your medical expenses can add up over time. At Sweeney Merrigan Law, LLP, our lawyers are here to fight for the full compensation you deserve–including both your past and future expenses.

Economic damages compensate victims for out-of-pocket financial expenses, including:

  • Medical bills
  • Lost wages
  • Future medical expenses
  • Diminished future earning capacity
  • Rehabilitation 

Your non-economic damages might include:

  • Pain and suffering
  • Emotional distress
  • Diminished quality of life
  • Disfigurement or scarring
  • Anxiety, depression, and PTSD

Did you lose a loved one because of a defective medical product? We can help you recover damages for wrongful death. Those damages might include compensation for medical bills, funeral and burial costs, and loss of your loved one’s company and support.

We’ll Fight to Recover Compensation for All of Your Injuries

Defective medical products can cause far-reaching consequences. 

Victims of defective medical devices often suffer:

  • Worsened underlying conditions
  • Infections 
  • Unnecessary surgeries and medical procedures
  • Chronic pain
  • Anxiety and depression
  • Wrongful death

You trusted your doctor to recommend safe medical treatments. If you were hurt, you deserve to hold the responsible parties accountable. Give our law firm a call today to learn how we can help.

We Handle All Types of Defective Medical Device Claims in Boston, Massachusetts

At Sweeney Merrigan Law, LLP, we handle all types of defective medical device claims, including those involving dangerous:

  • Hernia mesh
  • Metal-on-metal hip implants
  • Breast implants
  • IVC filters
  • Prescription drugs, including opioids, Prilosec, Nexium, and more
  • Pacemakers
  • Heart valves
  • Ventilators
  • Inhalers 
  • Heart stents
  • Prosthetic devices
  • Knee replacement parts
  • And more

Medical devices can be defective even if they haven’t been subject to a product recall. If you have questions about a device that harmed you, don’t hesitate to reach out for a free case evaluation today.

How Do I Prove Negligence if I Was Harmed Because of a Defective Medical Device in Massachusetts? 

If you were harmed because of a defective medical device, you don’t always have to prove negligence to recover compensation. Medical device manufacturers can be held strictly liable under Massachusetts product liability laws if their products are defective.

There are three key ways that a medical device can be defective. It might suffer from a manufacturing defect, design defect, or marketing defect.

Manufacturing Defects

A manufacturing defect arises from a flaw in the manufacturing process. In other words, the product is safe as designed, but some error in the way the product was put together caused it to become unreasonably dangerous.

Design Defects

Some medical devices are dangerous even if they’re assembled exactly as intended because the design itself is defective. Manufacturers can be held liable if there was a safer alternative design. A cost-benefit analysis is generally used to determine whether an alternative design was reasonable.

Marketing Defects

Medical device companies have to disclose the risks associated with using their products. A failure to warn is a type of marketing defect. After all, if you don’t know about the dangers associated with a device, how can you give informed consent to allow your doctors to use that device?

At Sweeney Merrigan Law, LLP, our Boston defective medical devices attorneys have the experience and resources to handle your case from start to finish. All you have to do is call to get the quality legal advice you deserve today. 

How Long Do I Have to File a Lawsuit if I Was Injured by a Defective Medical Device in Massachusetts?

Defective medical device cases are almost always complex–and you only have a limited amount of time to take action. These cases are a subset of product liability law in Massachusetts. The statute of limitations gives you three years to file a product liability lawsuit.

Usually, the clock starts running on the day you were hurt. However, the statute of limitations is tolled–or paused–if you didn’t know about the injury right away. You may not discover your injury until years after you started using a medical device.

Do you suspect you were hurt by a dangerous medical device? Call Sweeney Merrigan Law, LLP today to learn more about your legal options.

Contact a Boston Defective Medical Devices Lawyer for a Free Consultation

The stakes are high if you were injured by a defective medical product. Medical device manufacturers know that and will put all their resources into escaping liability. A Boston defective medical devices lawyer at Sweeney Merrigan Law, LLP can help. Call today to schedule your free case review.

Meet the Personal Injury Attorneys at Sweeney Merrigan Law, LLP