Have You Been Injured by a Medical Device?
Contact the Houston Defective Medical Device Attorneys at Tilton & Tilton Law
If you received a medical device, you did so to enhance your life. Maybe you were more mobility, to ease your pain or add convenience to your life. However, there are times in which a medical device is at fault. Thousands of people each year experience unexpected, painful and even fatal side effects as a result of dangerous medical devices. If you or a loved one are suffering from painful side effects or injuries, have had to undergo additional surgeries to address a defective device, or suffered wrongful death from a medical device, we can help you pursue your legal rights against the device manufacturer.
The experienced attorneys at Tilton & Tilton Law Firm have are equipped to navigate a medical device litigation and have many successful cases for our clients. We understand the medical device litigation is a process that includes multiple parties and we will work to uncover the complete product development and marketing practices that may have led to harm. Our attorneys will be with you during all aspects of discovery and trial in medical device lawsuits, including product identification, medical causation, compliance with FDA regulations, adequacy of warnings, allegations of product defects, and coordination of witnesses and experts.
Who Is Responsible in a Defective Medical Device Claim?
When a patient has a problem with a medical device, there are a few potential responsible parties. In some instances, a patient is the victim of medical malpractice because the medical professional either prescribed incorrect treatment or implemented the device incorrectly. In other cases, it is the manufacturer who is at fault, leading to a defective medical device claim. The makers of medical devices are legally required to perform rigorous testing on the products they sell. Medical device manufacturers—as well as independent doctors and scientists in clinical trials—perform the testing. These tests are used to determine if a device is safe and reliable enough to be used in medical procedures.
Unfortunately, some medical devices come to the market without proper testing and without evidence that the products are safe. This happens due to loopholes in the systems that make it possible for the devices to get to the patients. The problem typically stems from the approved 510(k) regulation process by the Food and Drug Administration (FDA). The 510(k)-approval process permits a medical device to be approved with very little testing through a streamlined process, as long as there is a comparable product that has already been approved. This is true even if the previous product has proven to be defective, provided that the product has not been officially recalled. The 510(k) medical device approval process has allowed many dangerous medical devices to be released in recent years. If you find yourself injured by a medical device, seek representation as soon as possible.
What Are the Types of Defective Medical Device Claims
There are three main types of product defects that can lead to defective medical product litigation claims. This includes design defects, manufacturing defects, and marketing defects.
Design defects are when the problems exist before the device is even created and these errors are not identified or fixed during the prototype phase. Manufacturing defects occur during production of the device. This may place liability on the medical products company as well as the company that supplied the machinery; in a few cases, this includes workers as well. Marketing defects, such as inadequate instructions or failures to caution users of potential dangers can affect doctors as well as patients.
Many patients require painful and avoidable revision surgery to replace these defective medical devices, followed by lengthy and unplanned hospitalizations. Even after the removal of a defective medical device, patients may face short and long-term consequences from the error. Tilton & Tilton’s medical product litigation cases have contributed to many other ongoing cases throughout the country. Our Houston defective medical product attorneys work to fight for your rights and help you gain your recovery.
Start Seeking Recovery Today. Call Our Houston Defective Medical Device Attorneys Now
Tilton & Tilton’s defective medical device attorneys have years of experience handling these types of cases. Contact us anytime at 713-489-2352 for a free consultation to learn more about what you can do if you were a victim in this situation, and how you can begin to recover from your losses. It costs nothing to get started, so you have nothing to lose. We will not charge you at all throughout the case. We only get paid if we recover money for you, and we take from what we earn, not from you directly.