Atlanta Defective Medical Device Lawyers
Helping Victims of Faulty Medical Equipment in Atlanta, GA
Medical devices are designed to help patients, not hurt them. Unfortunately, many medical devices are defective and can cause serious harm to patients. In some cases, a defective medical device can even cause death. When a medical device is defective, it can cause serious injuries and complications that require additional medical treatment and care. In some cases, a defective medical device can cause permanent injuries and disabilities that can impact a patient’s quality of life.
If you or someone you love was injured by a defective medical device in Atlanta, you may be entitled to compensation. At Cunningham Bounds, we have been representing the injured since 1958. Our defective medical device lawyers have a proven track record of success and have recovered billions on behalf of our clients. We are prepared to fight for you.
What is a Defective Medical Device?
A defective medical device refers to a product used for medical purposes that has flaws or issues that may cause harm to patients or users. These defects can stem from various stages like design, manufacturing, or marketing, leading to malfunctions, injuries, or even fatalities.
Common types of defective medical devices include:
- Faulty Implants: Implants like hip replacements or breast implants that may break, corrode, or cause infections.
- Defective Pacemakers or Defibrillators: Devices that regulate heart rhythm but may malfunction, resulting in serious health issues or even death.
- Faulty Prosthetics: Limb prosthetics or other body part replacements that may fail, causing discomfort, pain, or injuries to the user.
- Faulty Surgical Instruments: Tools used during surgeries that may break, malfunction, or cause unintended harm to patients.
- Defective Insulin Pumps: Devices used by diabetic patients to regulate insulin levels that might fail, leading to incorrect dosage or other complications.
- Transvaginal Mesh: Used to treat pelvic organ prolapse or stress urinary incontinence, some types have been linked to severe complications such as pain, infection, and organ perforation.
- Infusion Pumps: Devices delivering fluids, medications, or nutrients to patients that can malfunction, leading to over-infusion or under-infusion of substances.
- Respiratory Devices: Devices like ventilators or oxygen concentrators that, if defective, can cause breathing problems or worsen respiratory conditions.
When a medical device is found to be defective, it can prompt recalls, legal actions, and regulatory scrutiny to ensure patient safety. Manufacturers are typically held responsible for ensuring their products are safe for use.
These are just a few examples of the many different types of medical devices that can be defective. If you were injured by a medical device, you may be entitled to compensation. Our defective medical device lawyers can help you understand your legal rights and options.
Who is Liable for a Defective Medical Device?
Multiple parties can potentially be held liable for a defective medical device, depending on the circumstances surrounding the defect. Here are the primary parties that could be held responsible:
- Manufacturer: The primary party often held liable. This includes the company responsible for designing, producing, and distributing the device. Liability can arise from design flaws, manufacturing defects, or inadequate warnings/instructions.
- Distributor or Reseller: If the defect was a result of mishandling during distribution or if the distributor was aware of the defect and still sold the product, they might share liability.
- Healthcare Provider: In some cases, if the healthcare provider was aware of the defect and still used the device, they might share liability, especially if proper warnings were not given to the patient.
- Testing Laboratories or Quality Control: If there was negligence in testing procedures or quality control measures that should have identified the defect, these entities might also share liability.
- Component Manufacturers: If the device had components sourced from different manufacturers, the component manufacturers might share liability if their part was the cause of the defect.
- Regulatory Compliance: If regulatory standards were not met, the regulatory body responsible for oversight might face scrutiny, though liability might be limited due to sovereign immunity in some cases.
Determining liability in a defective medical device case often involves complex investigations into the device's design, manufacturing process, distribution, and usage. Each case is unique and requires a thorough examination of the facts to identify the responsible parties. Courts will consider various factors, including the specific defect, the chain of distribution, warnings provided, and the degree of negligence or fault of each involved party.
Why Choose Us?
At Cunningham Bounds, we prioritize communication and transparency. When you entrust us with your defective medical device case, here's what you can expect:
- Initial Consultation: We offer a free, no-obligation consultation to discuss the details of your accident. This allows us to understand your situation, answer your questions, and outline the legal options available to you.
- Thorough Investigation: Our legal team conducts a comprehensive investigation, gathering evidence, interviewing witnesses, and collaborating with experts to establish liability and strengthen your case.
- Negotiation and Litigation: We skillfully negotiate with insurance companies or opposing parties to seek a fair settlement. If a satisfactory agreement cannot be reached, we are prepared to litigate aggressively in court to protect your rights.
- Dedicated Representation: Throughout the process, we keep you informed about the progress of your case. Our attorneys remain accessible, addressing your concerns promptly and providing guidance at every step.
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$20.5 Million Verdict in Defective Meat Saw Case
The attorneys of Cunningham Bounds achieved a $20.5 million personal injury verdict in this product liability case involving a commercial slant meat saw.
Throughout your case, our team will always be accessible, responsive, respectful, honest, and compassionate. Our clients can attest to our high level of service and the longstanding relationships we have forged with them.
We believe in giving back to our community. We provide pro bono (no cost) legal services to those in our community who can’t afford legal representation. We also support local charitable organizations by donating our time, money, and expertise.
Unlike most plaintiff law firms, we have our own appellate practice, which means we can stay involved in your case throughout the appeals process. We keep fighting until the case is over.
"These guys are just that good."
There are not many plaintiff’s firms that impress the way these guys do.- Benchmark Litigation: The Definitive Guide to Americas Leading Litigation Firms and Attorneys