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Defective Medical Device Attorneys in St. Louis
Proven Advocates Experienced With Medical Cases
Defects in medical products can cause serious, lifelong injuries or even death to those who rely on them. When a mistake can be a matter of life and death, companies have a responsibility to control the quality of every item they sell. It should be unthinkable for a company to even consider releasing a medical device or aid that hasn’t been fully tested. Unfortunately, it does happen.
At Meyerkord & Kurth, we help victims find justice after negligent companies cause them injury. If you have been injured by a defective medical product, it is likely that you are not the only one. Since many medical products are so widely used, a malfunction tends to injure multiple patients. In response, the affected individuals may band together to bring either a mass tort or class action lawsuit. There is a third option, as well: an individual lawsuit.
Figuring out the right path to justice can be hard to do on your own. Our St. Louis trial lawyers can help you work through your options in a free consultation. We want to help you make an informed decision so that you can get the financial compensation and support you deserve. To date, we have recovered more than $450 million for our clients in Missouri and Illinois.
Call us at (800) 391-4318 for a free consultation with a St. Louis defective medical device lawyer.
What Medical Device Recalls Mean
When a defective medical product is discovered, the U.S. Food and Drug Administration (FDA) will implement a voluntary recall of that product. Typically, the manufacturer will comply and pull its products from the shelves. There are, however, different types of recalls. Some do not require the product to be removed from the market immediately. The FDA is the one that determines the severity of the problem and the class of the recall, informing the company’s (and consumers’) response.
There are three types of FDA recalls:
- Class I recalls: This is the most serious type of FDA recall, as it is typically implemented when the product in question could cause severe injury or death. When the product is a medical device, all affected consumers are advised to work with their doctors to find a suitable replacement as soon as possible.
- Class II recalls: These recalls hold less urgency, though patients could still suffer serious injuries from the product. That said, the injuries will be temporary and/or reversible.
- Class III recalls: As the least severe FDA recall, a class III recall is implemented when a product carries a risk for injury but the chances of actually sustaining that injury are very low.
In some cases, a medical device safety alert will be released instead of a recall. This message is meant to warn consumers of potential dangers, but it ultimately leaves the choice of whether to continue using the product up to the consumer and their doctor. Note that FDA recalls are never involuntary, despite popular belief.
Usually, a recall is spurred by a design defect that could result in the device either failing to perform as intended or causing additional, adverse impacts on patients. In others, enough people have reported serious side effects to the FDA that an investigation is launched regarding their claims. Less often, a mistake in the manufacturing process may prompt a partial or temporary recall while the company corrects its supply chain.
Any medical device can be defective where negligence is involved. Here are some of the most common examples of defective medical products that have seriously hurt patients:
- Allergan breast implants
- Da Vinci surgical robots
- DePuy hip implants
- Guidant defibrillators
- Hernia meshes, such as Kugel mesh patches
- Inferior vena cava (IVC) filters
- MiniMed insulin pumps
- MRI contrast agents
- Pelvic mesh, or transvaginal mesh
- Talcum and talc-based powders, such as Johnson & Johnson baby powder
Have you experienced difficulties because of one of these products? Or were you injured by another manufactured medical device or aid? You, along with the many other patients who have likely suffered, deserve justice and compensation.
Pursuing Compensation Through Legal Action
Depending on which route you take, as well as the facts of your case, you may be entitled to compensation for the following damages:
- Doctor’s visit and hospital bills
- Disability, temporary or permanent
- Rehabilitative care
- Lost earnings, past and future
- Pain and suffering
You may also be compensated for the cost of the medical device and/or a replacement.
Mass Torts vs. Individual Lawsuits
Just because a mass tort suit already exists doesn’t mean it’s the best way for you to pursue compensation. These cases are most effective among a group of plaintiffs who have experienced the same amount and types of harm from a defective product. When medical issues are involved, there may be high levels of variation between patients depending on individual factors.
Before joining a mass tort, we advise you to consult with our defective medical device attorneys. If your symptoms are much different from—and costlier than—those suffered by other patients, a mass tort settlement may not be enough to cover your damages.
If you've suffered an injury or illness because of a defective medical product or medication, our lawyers can help you understand your rights and options in a mass tort, class action, or individual injury claim. We share over 100 years of experience, all of which we will put to work for you. We are wholeheartedly committed to getting you the compensation you need and deserve, no matter what it takes.
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