Unfortunately, defective medical devices are on the rise. Just in the year 2020 alone, there were several defective medical devices recalled, from IUDs to insulin pumps. While defective products, in general, can cause harm to consumers, defective medical devices can cause even more catastrophic injuries for consumers. A medical device’s failure to perform efficiently and safely can cost a patient his or her life. Here are several claims that victims of a defective medical device can file to receive compensation for the negligence of multiple parties:
Product liability
Victims who were injured from a defective medical device can file a product liability claim. This type of claim helps to hold manufacturers liable for failing to supply a safe product for all consumers to use. Manufacturers have a legal obligation to ensure that any product that they have manufactured is safe and will not cause consumers any harm. When it is discovered that a product has become defective from either the designing process or the manufacturing process, the manufacturer can be held liable for the injuries that the defective product caused the consumer.
Catastrophic injury
Another claim that victims of defective medical devices can file are catastrophic injury claims. If victims suffered catastrophic injuries like traumatic brain injuries, spinal cord injuries, or nerve damage as a result of using the defective medical device, victims can hold the responsible parties liable for their injuries. Catastrophic injuries are distinct from other injuries because the impact from the injuries are life-changing. In some cases, victims may never fully recover from these types of injuries and require compensation for medical support for the rest of their lives.
Wrongful death
Another claim that victims of defective medical devices are entitled to are wrongful death claims. Sadly, defective medical devices can cause victims to die unexpectedly, and survivors of wrongful death victims have the option to file a wrongful death claim in honor of their deceased loved one. These types of claims are filed when a deceased victim of a personal injury lawsuit loses his or her life as a result of another party’s negligence.
Because the deceased victim cannot pursue compensation for obvious reasons, the survivors can file and pursue compensation for the toll that their loved one’s passing has caused the family. Wrongful death claims help to hold the negligent parties liable for their careless actions against the deceased victim.
Mass tort claims
Another type of claim that victims of defective medical devices can file are mass tort claims. Mass tort claims are claims that multiple victims can file against one or more negligent parties in civil court. These types of claims are often compared to class-action lawsuits, but have one main difference: each victim can receive his or her own individual trial and is entitled to his or her own compensation if the judge rules in their favor. Class-action lawsuits typically involve one trial, and each victim is represented under one claim. One crucial benefit of mass tort claims is that the same preparation and discovery that benefitted one trial can be used in another trial.
Contact Kwartler Manus, LLC Today
At Kwartler Manus, LLC, we never go for a quick and easy settlement. Our priority is to recover the full amount that you need and are entitled to by law. We put in the time and resources to understand the full extent of your injuries and what you need to recover. No matter how serious your injuries or how complex your case is, we do everything we can to protect your recovery and to ensure that insurance companies do not take advantage of you in your most vulnerable moments. Call our Philadelphia personal injury lawyers at (267) 457-5570, or fill out our contact form to discuss your case today.