Today’s healthcare technology would sound like science fiction to previous generations of Americans. Every day, patients are given new body parts made of stainless steel, battery-powered devices that regulate their heartbeat, and devices that mimic human tissue to aid in recovery from surgeries. As accustomed as people are to these innovations, we often find clients asking our defective medical device lawyers, “How safe are these products?”
Though many of these cutting-edge biotech innovations will help more than harm, an alarming number of medical devices pose a real threat to patients. The rapid advancement of technology, the inability of regulators to screen every product, and the lure of big profits for manufacturers are just a few reasons that so many defective medical devices reach consumers in the United States, including here in Texas.
If you’ve suffered harm from a faulty medical device, you have legal options. If a manufacturer sells a defective device that causes consumers harm, they can be held accountable through product liability claims. At Terry Bryant Accident & Injury Law, we have years of experience holding companies accountable for the harm they cause our clients.
If you’d like to learn more, contact us today by calling our office toll-free at 1-800-444-5000 or locally at 713-973-8888, via chat, or through our online form.
How Houston Defective Medical Device Lawyers Can Help
If you have been harmed by a defective medical device, you are probably facing an ever-growing mountain of medical bills. Medical care in the U.S. isn’t cheap, and injuries from product defects are rarely trivial. Most victims of defective medical devices need years or even decades of expensive medical treatment before they recover.
It isn’t fair for you to have to foot that bill on your own. The manufacturer of the medical device had a duty to protect you from harm. Whether that duty was unfulfilled due to negligence or recklessness doesn’t matter. What matters is that the manufacturer created an unsafe product and marketed it without warning customers of the risks.
A Houston defective medical device attorney will aim to get you fair compensation for the injuries you have suffered. For starters, that means forcing the manufacturer to pay for all your medical bills, reimburse you for lost wages, and cover other expenses related to your injuries (like transportation costs or therapy). Furthermore, if your Houston defective medical device lawyer can prove that the manufacturer acted recklessly, you may be eligible for punitive damages as well. That is the least you deserve if you are facing years or even a lifetime of suffering due to corporate greed.
Finally, Houston defective medical device attorneys have contacts who can help with your recovery. If you are like most people harmed by defective medical devices, you are probably wary of doctors. A Houston medical device injury lawyer will be able to direct you to doctors you can trust because they have a proven safety record. Similarly, your attorney can direct you to resources that can assist you after suffering a defective medical device injury, and they will recommend only trustworthy resources that will have your best interests in mind.
Why Choose Terry Bryant Accident & Injury Law
Lawyers Who Always Put Their Clients First
Why do clients choose Terry Bryant Accident & Injury Law instead of other Houston personal injury law firms? Because Terry Bryant cares about his clients — and they know it. But you don’t need to take our word for it. Instead, you can listen to clients describe their appreciation in their own words. Hear from clients like Javel, who appreciates that Mr. Bryant came to his house directly rather than sending an assistant. Sylvia is thankful that the entire staff was friendly, polite, and caring throughout her case. And Jose is thankful that our law firm was able to get an insurance company to stop harassing him.
At Terry Bryant Accident & Injury Law, we consider all these to be success stories. Terry Bryant is dedicated to helping victims recover swiftly and without losing their life savings. As a former judge, he has seen the hardships that victims of defective medical devices face, especially when their defective medical device lawsuits were handled by inexperienced attorneys. Mr. Bryant has decades of experience and is determined to fight zealously for his clients.
Most defective medical device lawsuits can seem like a modern-day retelling of David versus Goliath. Pharmaceutical corporations band together with insurance companies and corporate lawyers to try to pick the victim’s pocket. Often, they offer trivially small settlements or try to get the victim to sign away their rights. Terry Bryant is familiar with those tactics and is determined not to let them get away with it. You deserve every dollar that Texas law allows, and he knows how to make the manufacturers pay it.
Defective Medical Devices — A Serious Problem in the U.S.
When someone is harmed by a medical device, they often wonder how this could have happened. Most people assume that oversight agencies like the Food and Drug Administration (FDA) are equipped to review products used in healthcare. However, manufacturers of medical devices know that there are shortcuts to having their products cleared by the FDA.
For example, if you manufacture a hip replacement device and you can show that your product is “substantially equivalent” to another hip replacement that’s already been approved by the FDA, your product can be fast-tracked for approval. It’s called “Premarket Notification” or the “510(k) Process,” and it has been a major concern among medical device safety advocates. It allows manufacturers to bypass intense scrutiny and get their products on the market quickly.
Examples of Defective Devices
There are two common types of defective products in the medical field: devices and drugs. Defective drugs can cause organ damage or cancer. Defective medical devices might result in disabling injuries or internal damage. Some of the more common examples of defective devices are:
- Hip replacements — Some hip replacement and hip replacement parts have been subject to recalls and lawsuits because of the dangers they pose to patients. Stryker hip implants and the DePuy hip implant systems are two high-profile, ongoing cases that we are investigating.
- Knee replacements — Products like the Zimmer knee replacement have been the basis of hundreds of lawsuits because of the harm they cause knee replacement patients. These devices can lead to severe injuries and further surgical procedures.
- IVC filters — IVC filters are implanted into patients to catch blood clots. Unfortunately, several types of IVC filters can be extremely dangerous, especially when left in patients longer than intended.
- Mesh failures — Mesh is used in a wide range of surgical procedures, and it comes in many different forms. Some types of mesh, including certain lines of hernia mesh and transvaginal mesh (TVM), have been shown to cause significant health complications in some patients.
This list represents only a fraction of harmful medical devices that make it onto the market and go on to cause considerable harm. Other examples include the Stockert 3T Heater Cooler, Da Vinci Surgical Robots, and the Mirena intrauterine device (IUD).
If you or a family member has been injured by any of these medical devices, call the Houston defective medical device lawyers at Terry Bryant Accident & Injury Law at 713-973-8888 or toll-free 1-800-444-5000.
How Does Product Liability Impact a Medical Device Lawsuit?
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When a company sells dangerous products to consumers, they are responsible for the injuries caused by those products. That is the guiding principle behind product liability law. These cases are typically complex, and they require both a working knowledge of product liability law and resources to stand up to the interests of large medical device manufacturers. While those factors might intimidate someone from filing a claim, it is vital for consumers to understand that they don’t need vast resources or knowledge of product liability and medical devices — they simply need an attorney who does.
At Terry Bryant Accident & Injury Law, we have the experience, skills, and resources to help get our product liability clients the compensation they deserve.
Many victims of defective medical devices suffer years or even a lifetime of pain and suffering. If you are potentially facing years of pain, you likely have dozens of questions. Here are some of the most common questions we receive.
How long do I have to file a defective medical device lawsuit?
The statute of limitations for a defective medical device lawsuit in Texas is typically two years from the date you were injured. However, always speak directly to an attorney to learn the exact deadlines that apply to your potential claims. If you are concerned that the time limit may have passed, you can get a free consultation with our firm to find out.
Will I have to go to court to get compensation for my defective medical device injury?
Not necessarily. The manufacturer, or its insurance company, will usually negotiate a fair settlement when you are likely to win your case.
Should I accept a settlement offer from the insurance company?
That depends on whether they are offering enough money to help you fully recover. Terry Bryant will give you an honest assessment of whether he believes you could get more at trial and, if so, how much more and how long the trial will take.
Why would I accept less money than I can get from a trial?
A trial is never guaranteed and may take years to complete. If you want to be certain of compensation and you want your money quickly, a settlement is the better choice — if the amount is fair.
Who do I sue after being injured by a defective medical device?
Typically, you will sue the manufacturer of the product because they were responsible for making and selling a safe product. However, if the product was known to be defective and your doctor used it anyway, you might sue your doctor instead of or in addition to the manufacturer.
Can Terry Bryant help me if a loved one dies due to injuries from a defective medical device?
Yes. If a loved one has died due to a defective medical device, you might be eligible to file a wrongful death lawsuit against the offending corporation.
How long will it take for me to get compensation for a medical device case?
If the case ends with a settlement, you will likely get paid after a few months. However, if the case goes to trial, it will probably take at least a year to complete and may take much longer if either side appeals the decision.
If you have any other questions, our team is always happy to provide answers.
Why Do People File Claims Over Defective Medical Devices?
These claims are often filed by people who have suffered serious injuries and endured traumatic experiences because of faulty medical devices. They see their initial medical condition worsen and sometimes suffer new complications because of the device. This can mean steep medical bills, lost wages, diminished quality of life, and extensive pain and suffering. A product liability claim enables injured patients to be compensated for these damages in addition to other consequences they experience.
You might have questions about defective medical devices or how your situation might involve product liability law. We encourage you to reach out to a Houston defective medical device lawyer at our firm to schedule a free consultation. We are happy to meet with concerned consumers to discuss their legal issues. We also offer a No Fee Guarantee to ensure that our clients owe us nothing if we don’t win their case.
To schedule a free consultation with Terry Bryant Accident & Injury Law, contact us today by filling out our online contact form or giving us a call toll-free at 1-800-444-5000 or locally in the Houston area at 713-973-8888.