5 Common Defective Medical Device Questions

Did you or a loved one experience a dangerous medical device in Florida? Read these 5 common defective medical device questions, then call us.

1) How do I choose the right attorney for my defective medical device case?

5 Common Defective Medical Devices QuestionsWe are often asked how people should go about getting the right lawyer for a case in a medical device situation. We always advise, without exception, to get one that’s got experience. These are not easy cases. These are not inexpensive cases. These are complicated cases. These are not cases for young lawyers who have never handled them before or never been inside a court room before. These are for experienced lawyers. We’ve been in practice 38 years and have seen a lot of different medical device cases come into our office. If you have a medical device case, number one consideration is experience. Experience not only in terms of years but in terms of handling medical device cases. If you have a case like that in Nassau County, Duval County, and the surrounding areas, call us. We’ll sit down. We’ll go over the case. We’ll figure out a plan that’ll best suit you in your case.

2) What do I do if a medical device I’ve been using has be recalled or is defective?

Many times, a device has produced injury or damaged people across the country. It gets the attention of the maker of the device or of the federal agency controlling the device and there is a recall. If there’s a recall, respond to it. You may be entitled depending upon the level of recall and the level of damages this recall causing some remedial compensation. Do what the recall says.

Now, having said that, you should also contact a lawyer because, if there’s a recall, it means there’s something wrong with the device, and more than likely, it’s a defect that the manufacturers probably knew or should have known about and they acted appropriately. That is a claim that you can make against the maker of that device. With a defective product, whether it’s recalled or not, you have the opportunity to make a claim against the maker and others, but most obviously the maker of the product. Whether it’s recalled or not, contact a lawyer as soon as you suspect that you’ve been hurt because of a device, a medical device. We can talk you through what you need to do, get the facts, and then advise you on how best to move forward.

3) Should I deal directly with the manufacturer of a dangerous medical device?

People often ask us if they should deal directly with the manufacturer when they think they’ve been hurt by a defective medical device. Indeed, this is one area where manufacturers are very proactive, depending upon the medical device. They keep track of where their devices are and, if they begin to get reports of damages across the country or in regions where their product has been distributed, they will reach out and try to attain those devices and get them in their hands. You should not deal directly with them. They do not have your interest at heart. They have their own interest in protecting themselves. If you get a call from a manufacturer who wants to talk to you about the medical device, you politely but firmly put them off. You call a lawyer right away. If this has happened in Duval County, Nassau County, or any of the surrounding areas, call us. We’ll sit down and figure out what to do and how to handle it moving forward as we prosecute your case.

4) Is it possible to file a defective medical device claim for a deceased family member?

The answer is yes. It is a form of a wrongful death claim governed by the laws in the state of Florida. If that device caused the death of your loved one, you have the legal ability to file a claim. Now, having said that, these are complicated cases. They need to be looked at with a critical eye. Yes, you have the legal ability to file a wrongful death action due to a medical device killing your loved one, but the details need to be looked at closely to make sure that the merits of the case can justify filing the case. If you have a case like that in Duval County, Nassau County, or in the surrounding areas, call us. We’ll sit down. We’ll give you the benefit of our experience and advice, and we’ll figure out a plan moving forward in the best interest of your case.

5) Should I accept the first settlement offer for my defective medical device case?

Eventually, when we are representing someone who’s been hurt by a medical device in northeast Florida, if there is merit to the case, we will get a settlement offer. Whether or not we will accept that offer depends on several different considerations. If it is the first offer, we probably will not be accepting that offer. If we get into settlement negotiations, our job is to get the best offer on the table so that we can discuss it to see if we think it’s fair versus rejecting it and going to trial and try your case.

Whether we’re going to accept that offer depends on several different things, but you’ll have us at your side. The bottom-line decision will be yours to make but it will come with a recommendation from us based on our experience. If you have a case where you’ve been hurt by a medical device in Duval County, Nassau County, or any of the surrounding areas, call us. We’ll talk about settlement offers and we’ll get educated about your case. We’ll devise a plan moving forward that’s going to be best for you.


Did you or a loved one experience an unreasonably dangerous medical device in Florida and have questions about a defective medical device case? After reading these 5 common defective medical device questions, contact our experienced Florida defective medical device lawyer at Paul Boone Law today for a free consultation and case evaluation.

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