Massachusetts Malfunctioning Medical Device Lawyer
Every week, the Food and Drug Administration reports any recalls and safety issues regarding numerous products, including medical devices. When these devices break down or are defective, patients may suffer from painful injuries. Victims of malfunctioning medical devices also face additional surgeries and pain to correct or remove the device.
Unfortunately, many manufacturers of medical devices have placed profits over patient health, which has resulted in many devices being rushed to market. Medical device manufacturers should be held accountable for their negligence when their device puts public health in jeopardy, and doctors who use recalled medical devices should be similarly brought to justice.
If you or a loved one has been hurt by a malfunctioning medical device, you need a lawyer with experience who can stand up to a manufacturer or doctor. We will fight to get the compensation you deserve if you have been severely harmed by a defective medical product.
Contact the attorneys at Crowe & Mulvey, LLP at (617) 404-3417 for a consultation today.
Why Do I Need a Lawyer?
Mass torts cases involving malfunctioning medical devices are extremely complex. A product liability case regarding a defective medical product requires hours of depositions and testimony from medical experts to provide evidence that you suffered serious injuries as a result of using a malfunctioning medical product. Gathering and understanding the complex medical information required in your case on your own can be almost impossible, especially when you are suffering from a serious injury.
Instead, entrust your case to an experienced attorney. They can take over the investigation, negotiations, and litigation so that you can focus on your health. Someone with experience in this area will know how to prove liability or negligence, how to identify liable parties, and what your claim is worth. A good lawyer won’t rest until you receive the maximum amount of compensation possible.
Why Choose Us?
Crowe & Mulvey, LLP has secured millions of dollars in lawsuits for victims of malfunctioning medical devices in Massachusetts and throughout New England. With over 100 years of combined legal experience, our attorneys are dedicated to helping clients who were injured due to a medical device manufacturer’s negligence.
At Crowe & Mulvey, LLP, we use a unique group work method for all our cases. Unlike at other law firms where your case would be handled by just one attorney, at Crowe & Mulvey, LLP you will benefit from the unique perspectives and hard work of our entire team of attorneys, paralegals, nurses, clerks, and secretaries. Through this method, we are able to ensure that no detail is overlooked, giving you the best chance of success. It is part of why we have won so many awards, including being named to the Best Lawyers in America list.
Cases We Handle
Medical device manufacturers have a responsibility to ensure that their products are safe for use. Health care professionals should furthermore be aware of any information regarding safety before using a medical device. When a manufacturer sells an unsafe device, or a doctor uses a recalled device, they may be held accountable for their negligence.
Three common types of medical device defects can lead to product liability claims:
- Design defects — These defect occur when the design of the product is unsafe. Even a perfectly manufactured device would be harmful if it has a design defect.
- Manufacturing defects — When a device is manufactured improperly, it can have serious defects. These can affect individual devices or entire batches.
- Marketing defects — Marketing defects include incorrect instructions or the failure to properly warn users of the potential dangers of the device.
Unfortunately, some medical device manufacturers fail to disclose the risks of medical device products to patients and medical professionals. Approved medical devices are often recalled after being implanted in thousands of people and resulting in patients suffering catastrophic injuries, having to undergo more surgeries, or losing their lives.
For a medical malpractice claim to be successful, you have to prove that the doctor did not treat you according to the standard of care. If your doctor could not have known that the device was defective, a medical malpractice claim may not be an option to you, but a product liability claim is. A lawyer from Crowe & Mulvey, LLP can help you determine which claim is more appropriate in your situation.
Classes of Medical Devices
The Safe Medical Devices Act was enacted in 1990 because the FDA found that a significant number of medical device recalls were due to faulty product design, product malfunction, and manufacturer errors. There are three classes of medical devices that the FDA classifies according to the degree of risk, including:
- Class I — This class defines medical products that have a certain probability that exposure to or use of the product will result in serious consequences and/or death.
- Class II — Class II are medical devices that by exposure to or use of the product could cause reversible health conditions, as well as a remote possibility of serious health consequences.
- Class III — This class definition is the least serious in nature, and exposure to or use of the product is not likely to cause serious consequences.
At Crowe & Mulvey, LLP, we can handle claims related to a wide variety of medical devices, including:
- Hip implants
- Pacemakers and defibrillators
- Pain pumps
- Insulin pumps
- Knee replacements
- Inferior vena cava filters
- Gadolinium-based contrast agents
- Hernia mesh
- Transvaginal mesh
- Intrauterine devices
If you were injured due to a defect in these or any other medical devices, contact us for assistance immediately.
When bringing a product liability lawsuit against a medical device company, you need to adhere to the statute of limitations for filing a claim. In Massachusetts, the deadline is three years from the date of the incident. An experienced lawyer will be able to assist you with filing so that you do not miss important deadlines and risk a chance of your claim not being heard in court.
Contact Crowe & Mulvey, LLP Today
If you suffered injuries due to a malfunctioning medical device, the lawyers at Crowe & Mulvey, LLP can help you hold the manufacturer of the device, your doctor, or both responsible for your injuries. We will work to ensure that you obtain the maximum amount of compensation and damages possible to help pay your expenses so you can focus on your health and recovery.