Each year thousands of people are unnecessarily injured by defective medical products and devices. If you or a loved one has been injured as a result of a defective knee or hip replacement, the lawyers and staff at The Higgins Firm can help you get the settlement you deserve.

We will investigate your case, figure out why your implant failed, and will hold the manufacturer of the device accountable for your pain and suffering.

If you or a loved one had a knee or hip replaced and are currently experiencing tremendous pain, infection, or the inability to bear weight, immediately contact the team at The Higgins Firm so that we may evaluate your case. If your doctor has mentioned the term "osteolysis" during the course of treatment, you may have received a defective implant. Our experienced attorneys will conduct a thorough investigation to determine whether your case is one that may lead to a significant recovery.

When is a Medical Device Defective?

A medical device may be considered defective because of a manufacturing or design defect. In addition to design and manufacturing defects, insufficient warning of consumers as to possible side effects can also serve as the basis of litigation. Quite often there is some risk or side effect involved in the use of a medical device. The law states that manufacturers must alert consumers to the possible problems and side effects their medical devices can cause.

Consumers have a right to know and understand the risks they are undertaking when deciding whether or not to use a particular medical device. Manufacturers who fail to alert consumers to a risk, or who hide that risk, can be held liable for your suffering. In addition, distributors and re-sellers of defective products can, at times, also be held liable.

Thousands of people receive injuries from poorly designed medical devices each year. Those injuries deserve compensation. Successful litigation against medical device manufacturers requires a tremendous amount of legal, as well as scientific strategizing. At The Higgins Firm, we have the resources and experience required to successfully prosecute these difficult cases.

Damages in a Medical Device or Product Lawsuit

State law generally governs damages, although bills to limit damages in medical malpractice and medical device cases are almost constantly winding their way through the federal legislative process. Most states already put some limits on damages in medical malpractice cases. Depending on the state where the injury occurred, the following damages may be allowable:

• Economic damages: Compensation for monetary losses such as past and future medical expenses, loss of past and future earnings, loss of employment or business opportunities.
• Non-economic damages: Compensation for subjective, non-monetary losses such as pain, suffering, inconvenience, emotional distress, loss of society and companionship, loss of consortium, and loss of enjoyment of life.
• Punitive damages: Damages awarded for the purpose of punishing a party for intentional or reckless behavior or actions motivated by malice.

FDA Recalls of Dangerous and Defective Medical

The Food and Drug Administration (FDA) recalls dangerous and defective medical devices in an effort to protect the public. Recalled products that are the subject of Class I recalls have the potential to cause terrible injuries, significant pain and even death. Recent Class I recalls and other significant recalls and notices include the following:

• Disetronic D-TRONplus Power Pack Recall
• PIC50 External Monitor/Defibrillator
• Guidant Pacemaker and Defibrillator Models
• Triaminic Vapor Patches
• Reusable Ultrasound Transducer Assembly
• AED20 Automatic External Defibrillators
• Gladolinium-Containing Contrast Agents for MRA
• B-K Medical Prostate Biopsy Device
• Blackstone Medical's ICON Modular Fixation System
• Davol/Bard Comoposix Kugel Mesh Patch
• Guidant Pacemakers and Defibrillators
• Vapotherm humidifier

Contact The Higgins Firm

If you or a loved one has suffered because of a defective medical device, including a Guidant defibrillator or Guidant pacemaker, immediately consult the experienced and caring legal team at The Higgins Firm. We can help you understand the array of issues involved in this type of case and we can guide you through the difficult process of successfully defending your rights and seeing that justice is served. Please call us toll-free at 800.705.2121 or contact us online.