Medical Device Use & the FDA
There are many factors associated with the decision to use a medical device. This process should be carefully decided between you and your medical provider. The Food and Drug Administration (FDA) has the legal authority to regulate medical devices and electronic radiation-emitting products. The FDA has also set regulatory controls for medical devices in the United States. Unfortunately, the information provided to the FDA is not always 100% accurate. Information withheld during the approval process can lead to gross misleading of the public and serious irreparable harm. Houston defective medical device attorneys can help bridge this gap and keep you informed on your rights ⎯ call us or contact us today.
Defective Medical Device Lawsuits
Thousands of lawsuits have and will continue to be filed against medical device manufacturers to compensate patients who have been injured using their products. Some manufacturers have class-action lawsuits pending against them, and others have been combined into multidistrict litigation (MDL). Other cases are brought individually against doctors who had information regarding risks but failed to disclose it to the patient.
Our Houston defective medical device attorneys handle a large amount of cases in a variety of practice areas. At the present time, the medical device cases we are evaluating and assisting with include the following:
- Bard PowerPort Catheters
- Exactech Shoulder Implants
- Bair Hugger Surgical Blankets
- Philips CPAP Ventilators and DreamStation Ventilators
- Hernia Repair Mesh
- Stryker Hip Implants
- Transvaginal Mesh
Devices Under Recall
The FDA will issue press releases on medical device recalls, both voluntary and involuntary when they have determined a product is too dangerous on the market as is. For example, the Transdermal Vaginal Mesh, typically used in surgery for Pelvic Organ Prolapse and Stress Urinary Incontinence, has been recalled due to defects causing side effects like profuse bleeding and infections. This does not always mean the manufacturer has to stop selling the product, nor that it has caused an injury to you by us, but rather that the manufacturer must make some sort of changes to the way it is manufactured and/or marketed. If you are using a medical device subject to recall, you should review the FDA recall notice and follow the instructions therein regarding the continued use and/or return of the device.
In Texas, you have to file a product liability lawsuit within two years after you have suffered an injury. A Houston defective medical device attorney can advise you on the eligibility of your case within the timeframe the law allows. If the manufacturer did not inform consumers of the potential risks of a product, this is called “failure to warn” and is an additional type of product defect. If you did not know about the injury or risks right away, this may also help you extend the statute of limitations for defective medical device lawsuits.
Defective Medical Devices Attorneys Can Help
At Simmons and Fletcher, P.C., we have served Texas victims since 1979. We understand the complexities and damages associated with defective medical devices and believe that negligent manufacturers should be held accountable for their actions. If we cannot represent you, we will help you find a Houston defective medical device attorney who will.
Defective medical devices have the potential to cause life-threatening and sometimes fatal injuries. No patient suffering injuries due to the negligence of a medical device manufacturer should have to face the situation alone. Call (713) 932-0777 to learn more about your rights.
Defective medical device claims can be very expensive to pursue. In order to properly pursue recovery and cost-effectively handle your case, some defective medical device cases are likely to be referred to other law firms with prior client approval.
What Can a Houston Defective Medical Device Attorney Help You Recover?
Defective medical devices can cause serious injuries, generally resulting from errors during the production process ⎯ from design to distribution. If a defective medical device has harmed you or a loved one, you need a Houston personal injury attorney experienced with product liability cases to fight for your rights.
Recovering damages and receiving compensation can be a difficult process. Millions of dollars are at stake for companies that make and use defective medical devices. Our personal injury law firm will use our financial resources and legal knowledge to fight for justice for you. With the help of our Houston-based trial lawyers, you can pursue a lawsuit against the liable companies for damages like:
- Past medical bills;
- Future medical care;
- Lost wages and wage earning capacity;
- Pain and suffering;
- Physical impairment.
You may be able to recover these damages and more with the help of our experienced Houston defective medical device attorneys.
Our Team at Simmons and Fletcher, P.C.
We are proud to serve the community of Houston, TX, where our law firm has been located since 1979. We serve victims of unexpected accidents throughout Texas and nationwide, from wrongful death to a car accident or truck accident. Our office offers a free case review and consultation to potential clients so our personal injury lawyers can explain your legal rights and help you get one step closer to justice in your case. Our Houston defective medical device attorneys are well-equipped with the resources, knowledge, and experience to fight for you and your legal rights.
Putting Your Faith in a Houston Defective Medical Device Attorney
At the very least, medical devices should be safe. Each personal injury lawyer at our law firm understands that medical manufacturers must be held accountable for any injury or injuries you have suffered from defective medical devices. If we accept your case, we will combine hard work and legal knowledge to make a determined effort in your suit. Contact us for a free consultation so an attorney can help you today.
