Sumter Medical Device Lawyer
Medical device manufacturers often promise to transform people with severe mobility or other limitations into the Six Million Dollar Man. Instead, these victims become Ironside on pain pills. Frequently, these companies try to shift blame onto the doctors that surgically implanted the device or even onto the victims themselves. The determined Sumter medical device lawyer at the Stanley Law Group is a strong voice for victims in these situations.
This determination is based on a combination of experience, dedication, and accessibility, three of the most important traits for a lawyer. Over our decades of experience, we’ve developed proven methods that have worked well in the past and will probably work well again. Furthermore, everyone on our team is dedicated to serving families like yours. Finally, if you have a question or comment, our accessible lawyers address the matter.
Sumter Medical Devices Lawyers and Kinds of Medical Device Defects
Mostly because of the rush to make as much money as possible, many medical devices are sold with one of two kinds of defects. MoM (Metal-on-Metal) hip implants illustrate both kinds of product defects in medical devices.
- Design Defect: Biomet, Zimmer, and other MoM hip implant manufacturers touted these gadgets as permanent solutions, since the all-metal parts were much longer lasting than the parts in older PoM (plastic on metal) implants. But the hip is a cup-and-ball joint. With every step, friction releases tiny metal fragments into the bloodstream, causing metallosis (metal poisoning). Metallosis causes severe pain, premature device failure, and even death.
- Manufacturing Defect: These companies, like most others, are in business to make a profit, not to help people. So, to reduce costs, they often over-relied on cheap, imported parts, mostly from China. These defective parts often contributed to device failure and other injuries. Furthermore, these parts often contained high levels of dangerous heavy metals, like cadmium, mercury, and chromium.
The FDA is supposed to protect people from poorly designed or made medical devices. But the FDA has not effectively filled that role for many years. User fees paid by regulated agencies make up more than a third of the FDA’s budget. Most bureaucrats are reluctant to order safety recalls and bite the hand that feeds them.
Furthermore, a safety recall or other such action does not compensate injury victims. Only an attorney can do that in court. More on that below.
Usually, manufacturers are strictly liable for the injuries their defective products cause. A few legal defenses are available, but they only apply in limited situations.
Compensation Available
Damages in defective product claims usually include compensation for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.
Additional punitive damages are usually available in these cases as well, if the victim proves, by clear and convincing evidence, that the defendant intentionally disregarded a known risk. A punitive damages limitation may apply in some cases.
Most defective product claims, and other personal injury claims, settle out of court. Settlements avoid risky and emotional trails. Furthermore, a settlement is a final resolution. When defendants settle cases, they write checks. When defendants lose court decisions, they could tie up the matter in appeals courts for years or even decades.
Rely on a Hard-Working Sumter County Lawyer
Injury victims are entitled to substantial compensation. For a free consultation with an experienced medical devices lawyer in Sumter, contact the Stanley Law Group. We do not charge upfront legal fees in these matters.
