New Hampshire Defective Medical Device Lawyers

Defective medical devices can cause significant harm and injury to patients who rely on them to improve their health and well-being. In many cases, these injuries can be severe and life-changing, leaving victims with significant medical bills, lost income, and emotional distress. If you or a loved one has been injured by a defective medical device, it is essential to seek the assistance of an experienced New Hampshire defective medical device lawyer who can help you navigate the legal process and seek the compensation you deserve.

At Sweeney Merrigan Personal Injury Lawyers, we understand the devastating impact that defective medical devices can have on the lives of our clients. Our team of skilled attorneys has a wealth of experience handling defective medical device cases and can provide the guidance and support you need during this difficult time. Contact our firm today at 617-391-9001 or complete our contact form.

Types of Defective Medical Devices

Defective medical devices can come in many forms, and they can be either implanted or non-implanted devices. Some of the most common types of defective medical devices include:

Hip Implants

Metal-on-metal hip implants have been linked to various serious complications, including metal poisoning, tissue damage, and bone loss.

Surgical Mesh

Surgical mesh treats hernias, pelvic organ prolapse, and other medical conditions. However, some types of mesh have been found to cause severe complications, including infections, organ perforation, and chronic pain.

IVC Filters

IVC filters are small, cage-like devices that are implanted in the inferior vena cava to prevent blood clots from traveling to the lungs. However, some types of IVC filters have been found to break or migrate, causing severe complications such as organ damage or even death.

Transvaginal Mesh

Transvaginal mesh is a type of surgical mesh used to treat pelvic organ prolapse and stress urinary incontinence in women. However, some types of transvaginal mesh have been found to cause severe complications, including infections, organ perforation, and chronic pain.

Breast Implants

Breast implants are used for breast augmentation or reconstruction after mastectomy. However, some types of breast implants have been linked to a rare type of cancer called breast implant-associated anaplastic large cell lymphoma (BIA-ALCL).

What Are the Legal Rights of Victims of Defective Medical Devices?

Victims of defective medical devices have legal rights that entitle them to compensation for damages resulting from their injuries. These rights may vary depending on the specifics of the case, but common legal rights include the following:

• The right to pursue legal action against the manufacturer, distributor, or other responsible parties for damages related to the defective medical device
• The right to compensation for medical expenses, lost income, pain and suffering, and other related costs
• The right to a fair and impartial trial, including the right to legal representation
• The right to access and review medical records related to the defective medical device and its effects on the victim’s health
• The right to seek justice and hold responsible parties accountable for their actions or inactions
• The right to participate in a class-action lawsuit or multidistrict litigation (MDL) if applicable

To exercise these legal rights, victims of defective medical devices must typically take the following steps:

• Consult with an experienced New Hampshire defective medical device attorney to discuss their legal options and the best course of action
• File a lawsuit within the statute of limitations (time limit) set by the state in which the injury occurred
• Provide evidence of the defective medical device, the resulting injuries, and any related damages suffered
• Attend court hearings and other legal proceedings related to their case
• Negotiate with the responsible parties for a fair settlement or pursue the case through trial if necessary

Ultimately, victims of defective medical devices have legal rights that can help them seek justice and compensation for their injuries. By working with an experienced New Hampshire defective medical device lawyer and taking the necessary legal steps, victims can hold responsible parties accountable and recover damages related to their injuries.

What Must be Proven to Establish Liability in a Defective Medical Device Case?

You and your New Hampshire defective medical device lawyer must establish several elements to prove liability in a defective medical device case.

• The device was defective: This can be shown through evidence of design defects, manufacturing defects, or marketing defects (such as inadequate warnings or instructions).
• The device caused the injury: It must be shown that the victim’s injuries were a direct result of the defective device rather than other factors.
• The device was being used as intended: To prove liability, it must be shown that the victim was using the device as intended and in accordance with any instructions or warnings provided.
• The manufacturer or other responsible party is liable: The party responsible for the defect must be identified and held liable, which may include the manufacturer, distributor, or other entities involved in the production or distribution of the device.

To prove these elements, evidence is critical. This can include:

• Medical records and testimony from medical professionals regarding the victim’s injuries and their likely cause
• Testimony from the victim and other witnesses regarding the device’s use and any warnings or instructions provided
• Documentation and testimony regarding the device’s design, manufacturing, and marketing, including any defects that were known or should have been known
• Expert witness testimony regarding the defect and its likely cause

Proving liability in a defective medical device case can be a complex and challenging process. It requires a thorough investigation of the facts, careful analysis of the evidence, and the expertise of experienced New Hampshire defective medical device lawyers who understand the intricacies of defective product liability law. It is essential to seek the assistance of a skilled personal injury lawyer who can help you understand your legal rights and pursue the compensation you deserve.

Contact an Experienced Defective Medical Device Lawyer

When you’ve been injured by a defective medical device, you may be unsure of what you’re legal rights are and how to proceed. It is essential to seek the help of experienced and skilled personal injury lawyers who understand the intricacies of defective product liability law. At Sweeney Merrigan Personal Injury Lawyers, we have a team of lawyers with the expertise and resources needed to help you seek the compensation you deserve. Award-winning attorney J. Tucker Merrigan has extensive experience representing clients in a wide range of personal injury cases, including defective medical devices, dangerous drugs, wrongful death, and more.

Contact us today at 617-391-9001 or by completing our contact form to schedule a consultation and learn more about how we can help you with your defective medical device case.