Defective Medical Device Attorney

Helping Those Injured By Faulty Medical Devices

As technology advances, doctors and surgeons can do more every day to help those who are ill or injured. However, sometimes the drive to profit from technological advances causes medical professionals to use defective medical products and devices, which cause harm instead of healing.

When people are injured as a result of defective medical products and devices, the law provides means for them to seek compensation for their losses, including financial or economic loss, and for their pain and suffering. In most cases, a defective medical product lawsuit, known as a “product liability claim,” is the only legal remedy available. Seeking compensation is demanding justice for the unjustly injured.

Ken Stern and the attorneys of Stern Law, PLLC, take on faulty medical product cases for injured patients and their families from across the United States. Defective medical device claims are complex cases that often take on large and powerful corporations, but they can be won. Stern Law has brought justice home for many people like you and your loved ones.

Our legal representation is personalized and uniquely tailored to address the needs and concerns of each of our clients. Let Stern Law speak for you.

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Medical Devices Often Prove to Be Defective Products

We understand what you are going through if you have come to this page seeking answers and hope. We have worked with many clients who have gone through the shock, grief, anger and confusion of seeing a recommended medical product fail and cause injury or illness instead of helping.

What many in the public don’t know, but we do from working with defective medical product cases for more than 30 years, is that faulty medical devices cause injuries and deaths every day. Weak government regulation and rapidly advancing technology allow manufacturers to bring unsafe and faulty medical products to the market quickly and without proper review.

Too many medical products and devices are faulty from the start, but are only shown to be so after someone has been harmed. We’ve all seen news reports about recalls of faulty medical devices. But when it comes time to undergo medical treatment or a surgical procedure, is easy to rely on our doctors’ advice and assurances.

Numerous product liability lawsuits are filed nationwide by people like you who are seeking to hold medical device manufacturers accountable for the harm their negligence has caused.

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If you recognize the medical product or device you believe injured you or your loved one in the list above, you should know that there may be ongoing litigation, which you may join, against the manufacturers, distributors and/or medical providers of these products. Stern Law can assist and advise you about joining a lawsuit in progress (a class action or MDL case) or initiating your own complaint.

If you do not recognize the medical product or device that harmed you, you should still contact Stern Law. New studies and reports about dangerous and faulty medical products are published every day. We would be happy to discuss your case with you and begin an investigation on your behalf.

Contact us 24/7. Call or click now! (844) 808-7529
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How Did This Happen to Me?

Helping Those Injured By Faulty Medical Devices

Many times when a patient’s medical condition has become worse or a patient who was expected to recover has died, the problem turns out to be a defective medical device used in their treatment.

In the United States, medical devices are approved for use by the Food and Drug Administration (FDA). But the FDA works to expedite approval through a program known as “premarket notification,” or “510(k) clearance.” This allows a manufacturer to claim their product is “substantially equivalent” to a “predicate device,” or a product already on the market, and thereby skirt providing full documentation of its safety and effectiveness.

In short, the FDA may assume a new medical device is as safe and effective as a device the FDA has previously approved if the manufacturer says it is. A study by the Institute of Medicine determined that “510(k) clearance does not determine a device to be safe or effective.”

Further, “reliance on substantial equivalence cannot assure that devices reaching the market are safe and effective … . The majority of the devices used as the basis for comparison were never reviewed for safety or effectiveness.”

That IOM study recommended replacing the 510(k) clearance process for medical devices, but this has not occurred. And that is why the legal system provides a means of recourse when a medical device proves to be unsafe.

Stern Law can help you avail yourself of the legal protections the law provides if you have been injured because of a faulty medical device.

Answers To Your Questions About Product Liability Cases

Product Liability

What is a product liability lawsuit?

A product liability lawsuit is a case that is filed against a manufacturer of a device or product that causes property damage and/or injuries to its users. Essentially, it allows victims to seek compensation for (i) all physical injuries and property damages sustained as a result of a defective and unreasonably dangerous products and (ii) the failure of the seller or manufacturer to warn consumers about the inherent risks associated with the use of their products.

What types of claims may be brought in a product liability lawsuit?

Generally, there are three alternative types of legal claims that are brought in product liability lawsuits. These are (i) strict liability; (ii) negligence; and (iii) breach of warranty. Depending upon the specific set of circumstances, all three claims may be raised against a product manufacturer in a single lawsuit.

What does strict liability mean?

Strict liability is a legal theory that holds individuals or corporations accountable for physical injuries and/or property damage that occur as a result of the defective products that they create or sell. The defects may be present in the product’s packaging or containers, stem from its design or by virtue of the manufacturing process, or manifest as a result of the safety or use instructions associated with the specific product or device. When raising a strict liability claim, it is not necessary for the claimant to prove that the product manufacturer or seller acted negligently.

How is negligence defined?

Negligence, in the context of a product liability lawsuit, is a legal theory that refers to the breach of a duty of a manufacturer to warn or make safe the products that it releases to the public. Said legal duty extends to the manufacture, assembly, use instructions and warnings about the nature of the product or device. In a negligence case, a plaintiff typically must prove that the manufacturer breached its duty of care to the public by providing unreasonably harmful products for consumer use.

What does a breach of warranty refer to?

A warranty is an express or implied representation to the public about the quality or fitness of a certain product. The most common warranties are that a product is fit for ordinary purposes or for the purposes in which they were specifically intended. When a manufacturer breaches a warranty, it means that their product failed to perform as expected or represented to consumers.

What type of damages may I pursue in my product liability lawsuit?

The specific types of damages with which a person may pursue in a products liability lawsuit depend upon the laws of the state in which they reside. Generally speaking however, a person injured as a result of a defective product may seek monetary damages for medical expenses, out-of-pocket costs, pain and suffering, loss of income, and more. It is crucial that you contact the attorneys at the Stern Law, PLLC to learn more about your legal options in this regard.

Do I need an attorney to represent me?

In order to prevail on a product liability claim, you must successfully prove that a manufacturer’s product specifically caused your injuries. If you fail to do so, your case will likely be dismissed on the merits. Since you generally have only one chance to pursue a lawsuit against a manufacturer for causing your injuries, it is crucial to hire an experienced product liability to represent you. Only a skilled attorney knows how to effectively handle the complexities of these types of cases in terms of proving causation and strategically dealing with opposing counsel. It is never recommended that a person simply give up or attempt to take legal matters into their own hands. Without an attorney by your side, you could end up sacrificing your rights and the ability to obtain the compensation you deserve for your injuries. Contact attorney Ken Stern at Stern Law, PLLC today to learn more about your legal options.

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Do You Have a Product Liability Claim?

Stern Law can help if you believe a faulty medical product was the cause of your or your loved one’s injury or death. Our firm can help to investigate the circumstances of your case and what is known about the device, product, or treatment involved.

Generally, to pursue a product liability claim we would have to establish that your injury was the result of a manufacturing defect and/or a design defect in a medical product, and that there was a failure to warn consumers of the potential danger caused by use of the product.

Our pledge is to listen to you, work to answer your questions and concerns, and vigorously pursue the course of action that’s best for you.

We would then be required in most cases to establish negligence on the part of a product manufacturer or other responsible party. This requires proof that the manufacturer or other party knew or should have known that it:

  • Failed its duty to provide safe products for consumer use
  • Made an express or implied representation to consumers about the quality or fitness of the product in question, which was false or unfounded
  • Provided a product that failed to perform as expected or represented to consumers

Such product liability lawsuits are often multi-faceted and difficult to prove. Evidence necessary to support a product liability lawsuit might come from published independent research, FDA action (such as a recall), or a court-ordered release of the manufacturers’ documentation about development and/or marketing of the product.

In many cases, because a dangerous medical product has been widely used, several lawsuits arise about the same time. This may lead to courts consolidating cases as class action lawsuits (combined because plaintiffs’ claims are similar) or as multi-district litigation, or MDL (combined according to geographic origin).

As a plaintiff, you may often join an established class action lawsuit or MDL case, or it may be more beneficial to file and pursue a separate claim. This requires close examination of the circumstances of your case and of the existing cases to determine what’s right for you.

Stern Law can investigate your case and advise you about a way forward. Our first objective is to help you understand why and how you or your loved one was injured. Secondly, we want to help you recover compensation for your losses if someone’s or some entity’s negligence caused the harm you have suffered.

Our pledge is to listen to you, work to answer your questions and concerns, and vigorously pursue the course of action that’s best for you.

Let Stern Law Protect Your Rights after a Faulty Medical Device Injury

Contact us 24/7. Call or click now! (844) 808-7529
Request a Call Back Start Your Case