Georgetown Medical Device Lawyer
Although companies have a legal duty to sell safe products that are fit for ordinary use, at least one defective product is probably in your garage, closet, pantry, or refrigerator at this moment. Tainted food is a good example. A contamination issue, like a bacterial infection, usually affects everything that the factory produced, not just one or two lots. Companies never go the extra mile to ensure consumer safety in these situations, simply because that added protection costs too much.
In contrast, the dedicated Georgetown medical device lawyers at the Stanley Law Group always go the extra mile for you. Some lawyers briefly review cases and immediately file legal paperwork. But we thoroughly review your case and carefully explain your legal options. Additionally, once medical treatment is at least substantially complete, we give companies a chance to voluntarily do the right thing before we take them to court.
Types of Defective Medical Devices
Defective drugs may be the most common defective medical devices in South Carolina. Drug development costs have increased significantly in recent years. At the same time, Congress has changed the exclusivity period, meaning that cheaper generics become available faster than before.
In simple terms, pharmaceutical companies have less time to recoup larger costs, and show a healthy profit as well.
The rush to get the strongest (and most expensive) drugs to market as quickly as possible often leads to defects like:
- Design Defects: Powerful drugs have powerful side-effects. Usually, the FDA relies almost exclusively on company-provided data to determine if a drug is safely designed. The company usually tells the FDA what it wants to hear. Then, the FDA quickly approves the drug for sale.
- Manufacturing Defects: Zantac and talcum powder are two of the latest examples of medical products with manufacturing defects. When stored too long at room temperature, such as in a warehouse, Zantac becomes contaminated with NDMA, a powerful carcinogen. Talcum powder is often laced with asbestos fibers, mostly because talc and asbestos often come from the same source.
The FDA only has limited power to recall dangerous drugs and it has no power to compensate victims. A Georgetown defective medical devices lawyer addresses both needs. Legal actions force companies to withdraw dangerous products. Furthermore, the compensation in these matters is usually substantial.
How a Georgetown Medical Devices Lawyer Determines Compensation
Compensation usually comes in the form of an out-of-court settlement. A fair settlement is a process, not a result.
This process begins with determining economic losses, mostly medical bills. Attorneys must calculate not only prior expenses, but also likely future expenses. Otherwise, the victims are normally financially responsible for these costs.
To determine noneconomic losses, such as emotional distress, most layers multiply the economic losses by two, three, or four, depending on the extent of injury and a few other factors.
Punitive damages are extremely controversial. In a 1994 defective product case against McDonald’s, which involved a spilled cup of unsafely hot coffee (over 200 degrees), the jury ordered the fast-food giant to pay $2.7 million in punitive damages. At first blush, that amount seems absurd. But in 1994, $2.7 million was one day of coffee sales for McDonald’s. Most people would say that was a reasonable amount of punitive damages, and jurors in the case obviously agreed.
Count on a Dedicated Georgetown County Lawyer
Injury victims are entitled to substantial compensation. For a free consultation with an experienced Georgetown defective medical device lawyer, contact the Stanley Law Group. Virtual, home, and hospital visits are available.
