Defective Medical Device Attorneys Serving Tulsa, Oklahoma City
Medical devices can improve or maintain your quality of life. But when a defective medical device causes an injury, the device manufacturers should be held responsible.
If the device was defective, you may be eligible for financial compensation by filing a defective medical device claim.
Thousands of innocent people are harmed by defective medical devices every year. At Carr & Carr, we understand complications caused by defective medical devices can be devastating. We’ve helped those who have suffered, and we can help you too.
Defective Medical Device Cases
To establish liability and recover compensation in a defective medical device case, there are four elements that must be proven:
- You were harmed and suffered losses due to a defective medical device.
- You were using the device as intended and in accordance with its directions.
The device in question is defective due to one of the following:
- Design defect—flaws in design make it unreasonably dangerous.
- Manufacturing defect—problems in the manufacturing process caused the product to become contaminated or otherwise unreasonably dangerous.
- Failed to provide adequate instruction or warning—a product’s manufacturer or seller failed to provide sufficient instructions for proper use or to warn of likely risks or side effects.
- The device defect is the direct cause of your injury or illness.
Depending on the case, several parties can be held responsible for damages. For example, liable parties may include:
- Medical device manufacturers
- Pharmacies or medical device suppliers
- The surgeon who implanted the device
It’s important to note that time is limited to file claims that stem from defective medical devices. In Oklahoma, victims have two years from the date they knew about or should have known about, the injury or illness to file a lawsuit.
Common Defective Medical Devices
Carr & Carr Attorneys at Law is currently investigating claims involving defective prescription medications and medical devices that include but are not limited to:
- Heater-cooler device infections
- Hernia mesh complications
- IVC filter injuries
- Pacemaker complications
- Surgical Staplers
- Phillips CPAP
These cases can be very difficult to handle without the aid of an experienced defective medical device lawyer. Specifically, these claims involve detailed medical evidence, expert witnesses, and exhaustive knowledge of product liability law.
It is important victims seek medical attention for their injury as soon as possible. Document expenses carefully and keep daily notes throughout the claims process.
If you believe you or a loved one suffered harm due to a faulty medical device, one of the most important steps you can take to protect your rights and ability to recover compensation is to consult with a knowledgeable attorney.
Defective Product Recalls
Medical device manufacturers are required to warn the public of any likely side effects and to recall faulty products that made it to market.
The FDA learns about device defects through its own investigations, consumer complaints, or when manufacturers contact the FDA. The FDA categorizes recalls for defective medical devices in one of three classes:
- Class I: Defective products that could cause serious health problems or death.
- Class II: Defective products with defects that might cause a temporary health problem or pose a slight risk of serious injury.
- Class III: Defective products that are unlikely to cause any adverse health reaction, but violate FDA labeling or manufacturing laws.
Unfortunately, many products found to be defective are not recalled until after they have caused severe injuries, illnesses, or death.
Compensation Available to Oklahoma Victims
When defective medical devices result in injury, compensation may be available to victims. Compensation can include recovery for economic and noneconomic damages.
Economic damages are those tied to direct monetary losses, such as medical expenses, lost wages, and lifestyle modifications. Noneconomic damages are more subjective in their valuation and may include pain, suffering, and loss of enjoyment of activities.
In some cases, punitive damages may also be awarded. Punitive damages include additional compensation intended to punish the defendant for, especially reckless behavior.
For example, medical malpractice cases cap non-economic damages at $350,000 unless the case involves wrongful death, gross negligence, reckless disregard, malice, or fraudulent intent.
Get the Representation You Deserve in Oklahoma
Carr & Carr has been protecting the rights of injured people since 1973. More importantly, our law firm has obtained multi-million dollar settlements for cases involving defective or dangerous products.
We’ve helped victims from across the country get the financial security they need to move forward with their lives.
Get the answers you need today! We offer free, no-obligation consultations to help you understand your legal options, and we don’t charge for our services unless we successfully recover compensation on your behalf.
Call us today at 866-510-0580 to arrange a complimentary consultation or contact us online. Our defective medical device attorneys have offices in Tulsa and Oklahoma City, but we work with victims of dangerous products nationwide.