Answering Your Questions Regarding Defective Medical Device Claims
At Hawkins Bingham & Miller PC, we understand that when you have a legal question, you want someone who is going to give you an answer that you can actually use to make decisions about your case. We wanted to take a few moments to discuss some of the common issues that arise in medical device cases, because we know this can be a very confusing area of law. If you would like to know more about your specific situation, please schedule a consultation with our lawyer by calling 423-398-6841.
What is a defective medical device?
A defective medical device is a medical product that because of the way it was designed or manufactured causes an unreasonable risk of harm or injury. A medical device could also be defective if the warnings about it or the instructions for its use are inadequate. There have been many types of defective medical devices that have resulted in lawsuits including hip prosthesis (artificial hips), vaginal mesh, hernia mesh, IVC filters and IUDs.
What are the time limits for filing a claim based on a defective medical device?
For cases arising in Tennessee, the time limit (known as the statute of limitations) is usually one year after the date that you find out that your injury was probably caused by the defective medical device. Because the statute of limitations in Tennessee is so short you should contact a lawyer as soon as you have any suspicion that your medical device is causing you any problems or complications.
How much money will I be paid for my injury?
Generally, compensation for an injury caused by a defective medical device is determined in the same way as compensation for injuries caused by other types of negligence. You can recover the cost of your medical care (medical bills) and your lost wages, and if your injuries are expected to cause you future problems, you can recover for the expected future cost of medical care and the expected future loss of wages. You can also be compensated for your pain and suffering, disability and impairment.
In some situations, you may have the opportunity to participate or share in a large settlement fund with many other claimants who have also been injured by the same defective medical device. Sometimes in these cases, the compensation is based on additional specific criteria such as your age, the length of time you have had the defective medical device implanted and whether you required surgery to remove it.