Have you been injured by a dangerous medical device in Atlanta, GA? You may be entitled to monetary damages from the manufacturer, your physician, or another liable party. The money you recover can help to cover the costs of your medical care, make up for lost wages, and compensate for your suffering. At Hasner Law, P.C., we are here to fight for your rights and help you recover the compensation you deserve.
Contact our law office today to schedule a free initial consultation with an Atlanta medical device liability lawyer. We will help you explore your legal options.
How Hasner Law, P.C. Can Help with Your Dangerous Medical Device Case
A medical device should improve your quality of life, not leave you in worse health. Sadly, many medical devices make their way onto the market that cause serious harm to patients and even result in deaths.
At Hasner Law, P.C., we believe manufacturers and other responsible parties should be held accountable for the harm they cause to innocent patients.
While the insurance company will not be on your side and may try to downplay the severity of your injuries and other damages, an experienced Atlanta personal injury lawyer will fight for you. The top-rated Atlanta product liability lawyers at Hasner Law, P.C. have spent more than 80 years representing injury victims against major companies and insurers. We will put this experience to work on your behalf.
Our personal injury attorneys take on a limited number of cases to give you the individual attention you deserve. You can always count on direct access to your attorney and paralegal who will give your case the full attention it needs.
Choose Hasner Law, P.C. and depend on us to:
- Offer sound legal advice and support at every step
- Work with experts to determine how your medical device was defective and if other patients were also hurt
- Determine if any adverse events associated with your device have been reported to the FDA
- Assess the manufacturer’s safety data and testing process
- Gather evidence to support the link between the defective device and the harm you suffered
- Negotiate on your behalf for a settlement offer that fully compensates you
- Present your case before a jury to improve your chances of maximum compensation if a settlement isn’t reached
You do not need to fight the insurance company alone. Hasner Law, P.C. will serve as your advocate to tirelessly fight for the money you deserve. Contact our law firm to schedule your free consultation with an Atlanta medical device liability lawyer who can help you.
We Represent Clients in All Types of Defective Medical Device Claims
Medical devices can save your life and improve the quality of life.
When they are defective, however, they can lead to painful side effects and complications, revision surgery, life-long injury or disability, and even death. Hasner Law, P.C. represents clients in Atlanta, Georgia who have been harmed due to all types of defective medical products such as:
- Transvaginal mesh and hernia mesh
- Metal-on-metal hip replacements
- Defective knee replacement and hip implant parts
- Heart valves
- Prosthetic devices
- Breast implants
- IVC filters
- Heart stents
- Non-sterilized or incorrectly made devices that cause infection
The FDA maintains a database of recalled medical devices. However, a device can be dangerous even if it is not recalled. Not all defective devices are caused by widespread defects.
Injuries from a dangerous medical device can change your life forever. The Atlanta defective medical device attorneys at Hasner Law, P.C. are here to fight for the money you deserve as you work to move on with your life.
Why Was My Medical Device Defective?
Medical device manufacturers want to get their products onto the market as soon as possible. While this can lead to rushed manufacture, testing, development, or design, the FDA should work to prevent this. The Medical Device Amendments of 1976 to the FD&C Act was instituted to ensure the safety and effectiveness of medical devices before they are made available to consumers.
It created three classes of medical devices based on government oversight:
- Class I medical devices have minimal risk of harm and often have a simple design. 95% of these devices are exempt from the government regulatory process.
- Class II devices account for most medical devices. These include power wheelchairs.
- Class III devices are usually implanted, sustain life, or have a potential unreasonable risk of injury or illness. Examples include breast implants, insulin pumps, and pacemakers.
A Class III medical device must go through a strict FDA approval process before it can be sold. However, there is a big exception: the 501(k) clearance process. This process allows a device to be cleared for use and sale without extensive testing if it’s similar to a device already on the market.
However, the manufacturer must only show the product is at least as safe as the existing product. Until this law was passed in the 1970s, the FDA had no rigorous testing process. This means many medical devices were approved that were not safe, but manufacturers can still introduce products today as “safe” when compared to an outdated and dangerous product.
Liability for Defective Medical Devices in Georgia
When medical products are found to be defective, device manufacturers can be held strictly liable. Dangerous drugs and medical devices are considered product liability cases in Atlanta. They generally do not require proving the manufacturer or anyone else was negligent: only that the product is defective.
Medical devices can be defective in instruction, design, or manufacturing. Manufacturers may even be held liable for recall failures if informed of an FDA recall and continuing to produce and sell the device.
A medical product has a manufacturing defect if the way it was assembled or manufactured is inherently flawed or defective. This type of defect refers to issues in manufacturing, even though the actual design of the product is sound and safe.
Sometimes a medical device has a design that is inherently dangerous. A court will consider whether there was a safer way to design the device and if it would have been reasonable to implement the safer design.
Marketing Defects (Failure to Warn)
Manufacturers have a duty to disclose risks and hazards of using the device. Any risks the manufacturer knew about or shown have known about must be disclosed. Medical providers also have a duty to warn patients of these risks. If they fail to do so, they may be liable for failure to give informed consent.
Because medical device liability claims are very complex, experts are generally needed to determine the type and cause of a defect.
Depending on the type of defect, a number of parties may be liable for a dangerous medical device. In most cases, the manufacturer is liable for a defective product. However, a physician, hospital, or retail supplier may also be liable, especially for failure to warn.
What Damages Are Available for a Medical Device Liability Claim in Atlanta?
A dangerous or defective medical device can cause serious harm. You may be forced to undergo revision surgery, suffer from serious complications or worsened health, or be left with a life-long disability as a result of the dangerous product.
You deserve fair compensation for the damages you have suffered from the responsible party.
At Hasner Law, P.C., our Atlanta defective medical device lawyers will aggressively pursue the compensation you deserve for:
- Medical bills, including anticipated future medical expenses you will face as a result of your injuries
- Lost wages
- Reduced earning capacity or disability
- Loss of enjoyment of life
- Pain and suffering
- Emotional distress
- Wrongful death
Product liability claims are complicated and require expert testimony to prove a defect. Hasner Law, P.C. will also work with medical and financial experts to accurately calculate the full extent of your damages, including reduced quality of life and future earnings.
How Long Do I Have to File a Medical Device Liability Claim in Atlanta, Georgia?
You have a limited amount of time to file a claim for a defective medical device. Under Georgia law, the statute of limitations for a product liability lawsuit is just two years from the date of the injury or when you discovered the injury. The statute of repose is ten years. This means a claim must be filed within ten years of the product first being sold.
Do not assume this gives you time to delay your claim. Two years is a long time for crucial evidence to be lost. It’s important to consult with an experienced product liability lawyer as soon as possible to protect your claim and begin building your case.
Schedule a Free Consultation with Our Atlanta Medical Device Liability Lawyers
The last thing you should be concerned about while struggling to recover from the effects of a defective device is a fight with the insurance companies. Unfortunately, that’s what you may face without experienced legal counsel fighting on your behalf. At Hasner Law, P.C., we have more than 80 years of experience fighting for injury victims. We will put this experience to work for you.
Contact our law office today to schedule a free case review with an experienced Atlanta medical device liability lawyer who can help you.