Dangerous Drugs and Medical Devices Lawyer
Each year, thousands of children, adults, and elderly people are injured because a drug or medical device does not work as it is supposed to. Several hundred more lose their life. When this happens, the victim or their family may be able to pursue a product liability claim. Guided by a dangerous drugs and medical devices lawyer, these claims seek to hold the manufacturer, distributor, or seller of the product responsible.
Three Main Categories of Product Defect Claims
A dangerous drugs and medical devices lawyer will investigate the claim to determine the reason for the injury or death. There are three primary categories of product defects, including:
Failure to Warn: It is the duty of the manufacturer, or any party involved in the distribution process, fails to warn consumers about a product, and an injury happens, it may be a product liability case. A warning label should:
- Inform the consumer of any possible risks, including existing and potential risks.
- Inform the consumer about the effects of these risks.
- Inform the consumer about how the risks could be prevented.
Defective Design: If the design of the medical device causes it to be hazardous for consumers to use, it may be a product design defect.
Manufacturing Defect: If there is an error during the assembly of the product, it may be considered as a manufacturing defect.
Buyer Beware? That’s No Excuse!
All too often, the consumer of a product passes off an injury caused by the product as an accident and nothing more. However, it is possible that the product was defective in some way or another. You or your family member should not have to pay the price because of something that could have been prevented, but was not. Medical bills, emotional distress, long-term repercussions, and job loss are some things that you might be facing as a result. You deserve to be compensated.
Know Your Buyer Rights. If a Product Caused You an Injury, You May Be Eligible to Recover Compensation
In a product liability case, a dangerous drugs and medical devices lawyer must be able to prove that it was the product that caused the harm. If this can be done, the responsible party may be ordered to compensate you for:
- Medical treatment
- Prospective medical treatment
- Rehabilitation and therapy
- Lost wages
Loss of income
- Vocational training
- Loss of consortium
- Pain and suffering
In many product liability claims, a dangerous drugs and medical devices lawyer will also file a motion for punitive damages. These are a special type of damages that are meant to punish the liable party for their gross negligence, reckless actions, or in some cases malicious act.
If you have been injured because of a product defect, you might be wondering what you should do now. The simple answer is to call a dangerous drugs and medical devices lawyer. These cases take time, due diligence, and extensive resources to adequately build an irrefutable defense. You should not waste any more time. Call a dangerous drugs and medical devices lawyer from Okun, Oddo & Babat, P.C. to find out if you can pursue a claim or lawsuit against the negligent party.