How To Deal With a Defective Medical Device
If you fear that you have a defective medical device implanted in your body, you should immediately contact your physician. Defective medical devices can cause serious, life-threatening injuries, and the potential for harm often escalates the longer the device remains implanted. You don’t necessarily have to contact your implanting physician first, but he or she will have the most information readily available regarding your medical history. However, as with any significant health concern, obtaining a second opinion is never a bad idea. What is most important is being open and honest with your physicians about your specific concerns because they might not answer the questions that you don’t ask. Your physician can diagnose a complication with the device if one exists or, at the very least, confirm that you have a medical device from which other individuals are suffering complications. In the latter instance, careful monitoring of the product might be crucial, or your physician might decide that it is in your best interest to remove the device from your body.
Whether your physician has diagnosed you with a complication related to a defective medical device, you believe that you are currently experiencing a complication due to a defective medical device, or you simply fear that you are at risk, you should also immediately contact a qualified medical device attorney. Time is of the essence, not just as it relates to your health, but also your ability to file a lawsuit against the device’s manufacturer.
In some states, the deadline to file a lawsuit, called the statute of limitations, is as short as one year from when you were injured by a defective medical device; in other states, the deadline is two or more years. This sounds straightforward enough, but when does the “clock” start to “tick”? This seemingly simple question can have a very complicated answer, and the analysis varies greatly from state-to-state. This is just one of many reasons that you must consult with an experienced medical device attorney as soon as you believe you have a potential claim.
Medical device litigation is nuanced and complex, and it is vital that you hire a law firm with the experience required to successfully navigate a lawsuit against a medical device manufacturer. Attorney Jim Perdue, Jr. obtained a $27.6 million verdict in Florida against Boston Scientific Corp related to defective transvaginal mesh products, which was listed as one of the largest product liability verdicts of 2014 by the National Law Journal. PERDUE & KIDD has successfully represented—and continues to successfully represent—individuals across the country that have been injured by various defective medical devices and pharmaceutical products. If you believe that you have a defective medical device implanted in your body or have used a dangerous pharmaceutical product, call PERDUE & KIDD today because change only happens if you speak-up. Let us be your voice.