If you were recently made aware that a medical device you currently use or have used has been recalled, you likely have any number of questions about the recall itself and what it may mean for you. The process of responding to a medical device recall can be uniquely challenging, precisely because such recalls relate to urgent medical information and potentially hazardous consequences. You may have been harmed by the device already or may be risking harm by continuing to use it. You also may have experienced harm that you cannot yet perceive. Regardless of the particulars of your situation, if your medical device has been recalled and you have questions, a New York, NY dangerous drugs & medical devices lawyer can help.
Medical Device Recalls – The Basics
Medical device recalls usually take one of two forms. First, a company may issue a recall in order to correct a defect. For example, if a company that manufactures crutches realizes that a particular model has been produced with pins that can slide loose and increase the likelihood that the crutches will become unstable and lead patients to fall, that company may issue a corrective recall. Under such circumstances, a patient would be either issued the necessary corrective part or have their existing product fixed for free. Alternatively, a removal recall aims to take all affected products off the market. A removal recall also aims to have patients currently using an affected product stop using that product. Both kinds of recalls can become particularly tricky when they involve devices that have been implanted inside the bodies of patients.
When patients have been harmed by defective devices, they may be able to hold the manufacturers of those devices accountable for the economic and (certain) non-economic challenges they have experienced as a result of that harm. An experienced New York, NY dangerous drugs & medical devices lawyer can help to advise patients currently being affected by the recall of a device they are currently using or have used in the past.
Dangerous Device Guidance Is Available
If you have been harmed as a result of a defective medical device, please speak with a New York, NY dangerous drugs & medical devices lawyer affiliated with Okun, Oddo & Babat, P.C. before you sign any kind of settlement offer. When medical device companies realize that something is wrong with their products and initiate a recall, they often try to entice patients to sign away their right to sue by offering a very modest settlement. Oftentimes, these settlement amounts are completely inadequate with respect to covering a patient’s medical bills, lost wages, pain, and suffering, and other costs related to the harm a defective medical device has caused. Speaking with an experienced New York, New York dangerous drugs & medical devices lawyer before committing to a settlement offer will help to ensure that your legal options are preserved in the event that an offer is inadequate and you would be better served by filing an alternative legal claim.