7 Ways You Could Ruin Your Personal Injury Claim
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Nassau County Defective Medical Device Lawyer
With Injury Law Offices in Fernandina Beach, FL and Jacksonville, FL
It is a horrifying thought that something designed to help you and make you feel better can cause you harm. When you rely on medical devices for your treatment and betterment and they result in your injury and suffering, you can feel really helpless in that situation. We understand how you must be feeling in this instance and we want you to know that our Nassau County defective medical products lawyer will fight for your rights to receive justice. When the manufacturer of the product does not properly warn users of hazards, that is unacceptable wrongdoing and they should be held accountable for that.
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7 Ways You Could Ruin Your Personal Injury Case
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How a Defective Medical Device Claim Works
Paul Boone knows what it takes to make a case like yours successful and has seen many like them before. You are not just a file number waiting for settlement to Paul. You are a person in need of justice and defending. We fight tirelessly to ensure that your rights are protected and that the settlement is fair. If we cannot reach a fair settlement, we are able and ready to take a case all the way to trial if need be. Please don’t hesitate to reach out to us today to set up a free initial consultation to go over the details of your case. This is a free, confidential, and no obligation consultation. Get in touch right away.
Damages in a Defective Medical Product Claim
Types of Defective Medical Product Cases We Handle
Here are some examples of instances where someone was harmed by a medical product being defective:
- Someone underwent surgery and a surgery robot was used to perform the surgery. There was a malfunction with the equipment and it ended up rupturing several organs on top of not being able to complete the surgery that was needed for this person.
- An older woman had a hip replacement and the metal used resulted in her having metal poisoning.
- A man had a stent put in place. It was drug-coated and there was not enough information put out by the manufacturer about the harm that this drug-coated stent could cause to someone and he suffered greatly because of it.
- In 2005, a middle-aged man had a pacemaker put in to help treat his heart disease. Shortly thereafter there was a recall for the medical device. He ended up being defective and he suffered a fatal heart attack.
There are many medical devices that could be subject to recall or could be defective and harmful, such as transvaginal mesh, IVC blood clot filters, Hip implants, defibrillators, and so on.
Our Nassau County defective medical device lawyer wants to hear from you about your particular case so we can go over the details to guide you on what legal action you are entitled to take to seek your rightful justice.
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How Do These Cases Work?
If our Nassau County defective medical product lawyer takes on your case, there is a certain level of care, you can expect from Paul Boone. First off, please understand that we will treat your case as a priority. We are going to use all of our resources to investigate and consult with experts to build a strong foundation for your defense.
If your case meets the requirements for a claim, we will go ahead and file a lawsuit with the proper requirements and adhere to state and federal law regarding the claim.
When you think about what a lawyer is going to fight for, the rights you are entitled to for justice include your past and future lost wages, past and future medical fees, and your pain and suffering, etc.
The following is what your lawyer is going to alleged about the manufacture of the defective medical device:
- The device was inherently flawed
- The device was not tested properly before hitting the market
- There were not adequate warnings about the side effects and complications users experience with the device
When you file a lawsuit, please understand that the case may take a fair bit of time. Discovery is an extensive process and involves formal proceedings and depositions and interrogations and document requests. As a complicated process, having a Nassau County defective medical product lawyer by your side makes it a lot easier, as they relieve you of the stress of having to worry about knowing what is ahead. They will prepare you for everything that you have to go through so that it is easy when it is happening.
From there as the case progresses, they will be negotiations held to come up with a settlement. This is a very complicated process. If there is no ideal settlement reached, your case goes on to trial.
We are never going to stop you from accepting a settlement but we will educate you on whether or not we believe this is a low settlement and whether or not we think we can do better. At the end of the day it is your decision whether or not you would like to go to trial and whether or not you will take the settlement offer with the knowledge we give you.
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Tips for a Successful Case
If you suspect that you or someone you love is a victim of a medical product being defective, there are several things that you need to do right away to strengthen your case and help your lawyer fight for your rights to full and fair compensation for the damages that you have suffered:
- See if there was a recall.
You can look with the FDA also known as the US food and drug administration to see if your medical device in question has been subject to a recall. The FDA maintains a list of all devices and drugs that were recalled or have alerts on it for safety issues. If your device is not on the list of recalled medical devices, it could still be dangerous.
- See a doctor.
If you suspect that your medical device is defective, you need to reach out to your doctor as soon as you possibly can. They need to know your symptoms and they need to be able to evaluate your condition and give you some treatment to address any of the issues that you might be facing due to the complications with this device.
- File a report.
Reporting what happened to you helps the FDA determine which devices are dangerous. There is something called the med watch program at the FDA and it allows you to file a report about adverse events regarding medical devices. If you file a report, you are helping others learn more about medical devices that could potentially cause them harm.
Please take these steps as soon as you suspect that you are a victim of a defective medical product. Our Nassau County defective medical product lawyer will stand by your side to build a strong case and fight for your rights. We are eager to hear from you and set up a free consultation to go over the details of your claim and give you guidance on what your rights are.
Odds are you don’t know the state and federal laws required for the case to be successful. You likely also never been involved in a claim before like this and need a lot of knowledge to understand how it works. Our Nassau County defective medical product lawyer makes this easy for you as we handle the tricky parts of a case so you can focus on your well-being. We will keep you informed throughout the journey but we will not burden you with the task of fighting for your rights. We put the hard parts on our plate so that you can clear yours to take care of yourself.
Frequently Asked Defective Medical Device Questions
What types of compensation are available in a defective medical device or medication case?
When clients come to us, whether it’s a defective medical device or a pharmaceutical medication case, they want to know what the compensation will be. What is it that they can claim? We go through those things with them. Compensation can involve thinks like medical expenses. For example, if there’s a defective knee replacement hardware and you had to have the hardware taken out and new hardware put in and you had to go through the expense of a knee replacement surgery again, those expenses are recoverable. In that same scenario, if you lost time from work, your lost wages are recoverable.
If you’re left with intangible damages like pain and suffering, inconvenience, loss of the capacity for the enjoyment of life, mental anguish, those are also things that you can recover in a medical device case. Damages will differ from client to client depending upon your circumstances. Generally speaking, though, those are the things that you can claim in a case like that. If you have a defective medical device case or a defective drug case, medication type case that’s occurred in Duval County or Nassau County or any of the surrounding areas, give us a call. We’ll sit down and talk about the ins and outs and formulate a plan on how to help you the best.
Is the medical device manufacturer liable for my injuries?
When someone comes to us with a case where they think they have been hurt by a medical device, the responsible party, the most obvious one is the manufacturer. There are other potential responsible parties but the manufacturer probably hits the list depending upon the defective nature of the product. In Florida, can you sue the manufacturer of a defective medical device? The answer is yes. If you think you have a case like that that’s occurred in Nassau County, Duval County, or any of the surrounding areas, call me. We’ll sit down, talk about the case and we’ll figure out a plan to help you best.
What is the statute of limitations regarding a defective medication or medical device case?
In Florida, the statute of limitations is four years from the date that you either actually knew or suspected the device has caused your injury. There’s another statute involved, but four years typically is the statute that applies in those kinds of cases. If you have a case like that and you think that the medical device or such has caused the problem, contact us immediately if it’s happened in Duval County, or Nassau County, or any of the surrounding areas. They are complicated cases. They take a lot of time to develop. Please call immediately when you recognize that there may have been a problem with a device.
Should I speak to the insurance company regarding my defective medical device case?
When clients come in, sometimes they’ve been contacted by the insurance company for the manufacturer of the medical device or one of the other parties whose hands have touched the medical device. They want to know whether they should talk to them. Without fail, without exception, never talk to the insurance company. They do not have your interest at heart. They have their own interest of their insured, the maker of the device or any component part of the device. They want to get information that’s going to help and protect their insured, not you. Tell them that you’re represented by us and give them our contact information.
Once they know that it is illegal for them to talk to you directly, they will call us and then we will begin the process of conversation back and forth through our office. You get out of the process, which is the best place for you to be. If this has happened in Nassau County, Duval County, or any of the surrounding areas, call us. We’ll sit down. We’ll educate you about that issue as well as all the other issues that are connected with your case. We’ll devise a plan moving forward that will be best for you.
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.
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.
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.
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.
How do I choose the right attorney for my defective medical device case?
We 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.
Call Our Nassau County Defective Medical Product Lawyer Today
If you were a victim of medical products deficiency, please get in touch with us as soon as you possibly can. Our Nassau County defective Medical Product Lawyer wants to support you through your legal journey on the path to getting the justice that you deserve. Do not hesitate and reach out to us as soon as you possibly can. We want to support you and fight for your rights. You deserve justice in the fullest and fairest way. Don’t wait to get in touch with us, as the details and factors of a successful case are time-sensitive. We are waiting for your call to set up your free consultation.
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