Dangerous Medical Products and Mediotronic Recalls

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In recent years, some of the most numerous and highest profile medical product lawsuits have been the Medtronics lawsuits. Medtronics, Inc. is a manufacturer of medical devices, especially implantable ones, such as insertable heart monitors, pacemakers, defibrillators, neurostimulators, and stent grafts. A number of their products, especially defibrillators (which were voluntarily recalled in 2005) have been the subject of lawsuits on the grounds that not only did they not provide the benefit they were supposed to, but they injured patients as well.

That these sorts of lawsuits are valid cases, well deserving of compensation, can be seen from this: Medtronic paid $95.6 million in late 2007 to settle 2,682 product liability lawsuits (an average of $37,000 each). No one pays that kind of money without good reason—such as a belief they’d lose even more were the cases to go to trial.

Manufacturer Liability and Medical Negligence

Product manufacturers, including medical device manufactures, are liable for injuries, damages, and costs (including additional medical expenses) caused by poorly designed or manufactured products. In addition, if someone is injured owing to a medical device, there may be a claim for medical negligence against the physician(s) or facility as well as against the device manufacturer. This would be the case if the medical personnel were unreasonably careless or unprofessional, such as in using or implanting a device that they knew or should have known was defective or dangerous.

What to Do in the Event of Injury or Death

The first thing to do is to take care of yourself and/or your family. Your health, physical and emotion, is paramount. Second, though, you want to make sure that  if you or someone you love were injured by another’s carelessness or greed (such as by a company continuing to sell devices it was aware had serious problems), that you can obtain the compensation to which you are legally and morally entitled. In order to do that, you should avoid giving any statements to any medical personnel, or any hospital, manufacturer, or insurer representatives, or signing anything, until you’ve had a chance to consult with an attorney. They will have lawyers looking out for their interests; you should, too.

How a Lawyer Can Help

To begin with, a lawyer can review the facts and situation with you, to see whether you have a case and are entitled to compensation. (And if so, how much.) If you are, a lawyer can represent you in seeking to recover what you are owed. Not only will an attorney have the expertise, experience, and resources to look after your interests, but they can proceed on your behalf, so that you can focus on your own or your family’s needs while a professional deals with the lawyers, insurers, and paperwork.

This article is provided for informational purposes only. If you need legal advice or representation,
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