Medical Devices

CALIFORNIA AND NEVADA DEFECTIVE MEDICAL DEVICE LITIGATION ATTORNEYS

Each year hundreds of new and different medical devices, including joint replacement components (knees, elbows, hips, ankles), cosmetic implants (chin, breast, buttocks, calf), and surgical instruments are placed on the market by medical device makers.

The Food & Drug Administration is supposed to be responsible for testing and approving each and every medical device for safety and efficacy. However, the truth is that the FDA is unable to carefully test and screen all such devices or surgical tools. In recent years, the approval process for medical devices has been accelerated as multi-national manufacturers motivated by the desire for profit have pushed harder and harder for fast device approval and less rigorous testing. Oftentimes, the FDA simply approves a new device, prosthesis, or implant on the basis of its “substantial similarity” to an already existing device.

Our device and instrument product liability group represents clients, and the survivors of deceased clients, who have suffered serious injury and/or death as the result of defective medical products. Successful claims against the makers of medical instruments, prosthetic devices and implants involve multiple experts, exhaustive investigation, and significant financial resources. At Walkup, our attorneys have the experience, resources and network of medical experts and investigators to successfully pursue such claims, whether the claim is on behalf of an individual client or a group (or a class) of plaintiffs injured by the same device.

If you, a member of your family, or a close relation have been injured by a defective medical device, it is critical that you speak to an attorney as soon as possible. Because cases involving defective medical devices are complex and expensive, and issues of federal safety and FDA approval may pre-empt state law, you should have an attorney who is experienced in the area. Finding and employing skilled legal representation in this type of case is key. Our attorneys are prepared to determine whether the device, prosthesis, instrument or implant was properly designed and manufactured, whether appropriate and adequate warnings and instructions were provided to your physician, whether sufficient testing was done prior to placing the product on the market, and whether the manufacturer, in the hope of making substantial profit, over-promoted the safety, effectiveness or benefits of the device. Because of strict timelines that govern the prosecution of product liability claims both in California and Nevada, meeting with an attorney sooner rather than later is always recommended.

EXAMPLES OF OUR SUCCESS

Dangerous Surgical Instrument - $5,125,000

Our medical device lawyers obtained a settlement in the amount of $5,125,000 on behalf of a 54-year-old university school teacher who suffered major complications after undergoing treatment with a surgical device, recently designed and introduced on the market, to treat gastroesophageal reflux disease (also known as heartburn). The surgery was to be “minimally invasive” but instead the medical device used to perform the surgery caused significant burning and scarring of our client’s esophagus. She went on to suffer esophageal rupture, sepsis, major organ failure, and lapsed into a coma. While unconscious, she developed paralysis. She lost normal movement and function in her lower extremities. The maker of the device claimed that it could not be sued because the device had been approved by the FDA. Our attorneys prevailed on a motion for summary judgment in the trial court, and the case was then resolved by way of settlement just before trial.

Defective Knee Prosthesis – Multiple Settlements

Our medical device lawyers represented 13 residents of a single town who all experienced knee prosthesis failure. The national corporation which made the knee joints attempted to defend the claim on the basis that they were not defective, and that the cluster of failures was unrelated to any problem with design or material handling. Our attorneys hired experts to prove that the raw materials used in the joints had not been correctly sterilized, and as a result, the components were prone to deterioration, failure, and would require premature replacement. Our clients recovered the cost of the unnecessary surgeries, follow-up care, and general damages for pain and suffering. The settlement amount for each client varied, depending upon the nature and extent of the disability, the age of the injured client, the amount of out-of-pocket expenses, and the extent and nature of probable future medical care.

Defective Breast Implants – Various Settlements

Our attorneys represented more than 30 women who sustained injuries of varying degrees as a result of failed silicone breast implants. Our clients all sustained injury as a result of leaking silicone, which caused connective tissue disease, autoimmune disorders and lupus. The amount of each settlement differed depending upon the nature and extent of our client’s disability, her age, medical expenses, and whether or not there was any cosmetic disfigurement. Our attorneys were successful in making recovery from five different corporations responsible for designing and making breast implants.

Defective Heart Stent – Confidential Settlement

Our attorneys represented the surviving wife and children of a man who died after undergoing heart catheterization using a recently introduced stent. The stent (which is currently under investigation by the FDA) caused a massive blood clot, which in turn resulted in a fatal myocardial infarction. Our medical device team was able to find experts in the field who demonstrated that the manufacturer’s pre-market investigation and testing were inadequate, and that the instructions given to operating surgeons regarding the use of blood thinning medications in association with the device were not strong enough to adequately educate prescribing physicians.

Contact Walkup, Melodia, Kelly & Schoenberger for a FREE CONSULTATION with a personal injury attorney experienced in defective medical device injury litigation.