You have every reason to believe that a medical device is safe for you to use. The manufacturer, distributor, and every company involved have an obligation to make sure of that. If that does not happen, and you are left with serious injuries, California law gives you the right to hold those parties accountable.

Robles Babaee, Personal Injury Lawyers, represents clients in Santa Ana, California, who have been harmed by defective and dangerous medical devices. Our firm has recovered millions of dollars for injured clients across California. We handle every case on a contingency fee basis, meaning there are no attorney fees unless we win. Contact our Santa Ana personal injury lawyers today at (714) 263-3700 for a free consultation.

How Can Robles Babaee, Personal Injury Lawyers, Help With a Medical Device Liability Case in Santa Ana, CA?

Medical device cases are among the most complex in personal injury law. They involve highly technical evidence, multiple defendants, and records that take skill and resources to obtain. Our Santa Ana personal injury attorneys at Robles Babaee, Personal Injury Lawyers handle all of it so you can focus on your recovery.

When you engage with our firm, here’s what you can expect we will do:

• Investigate the device’s design and manufacturing process
• Obtain FDA reports and any recall or safety notices
• Identify all liable parties
• Retain medical and engineering experts
• Document all damages
• Negotiate with manufacturers and insurers
• Take your case to trial if a fair settlement is not offered

Device manufacturers have experienced legal teams working to limit their liability from the moment you file a complaint. Having skilled legal representation on your side levels the playing field.

What Types of Medical Devices Can Cause Harm?

The FDA receives a large volume of death and injury reports each year through its Medical Device Reporting system. 

Some of the most common categories involved in liability claims include:

• Hip and knee replacement implants
• Spinal cord stimulators
• Cardiac pacemakers and defibrillators
• Surgical mesh
• Insulin pumps and continuous glucose monitors
• Bone screws and plates
• Transvaginal mesh devices
• Defective IUDs

If you were hurt by one of these or other medical devices, it is worth discussing your situation with an attorney who can evaluate whether the device or its manufacturer may be liable.

What Makes a Medical Device Defective?

Under California product liability law, a medical device can be considered defective in three ways:

• Design defect
• Manufacturing defect
• Failure to warn

California applies a strict liability standard to product liability claims, which means you do not have to prove the company was negligent. You only need to show that the device was defective, you were using it as intended, and it caused your injuries.

What Injuries Commonly Occur With Defective Medical Devices?

The injuries associated with defective medical devices can range from chronic pain to permanent disability.

Common injuries include:

• Internal bleeding or organ damage
• Infection from a contaminated device
• Device fracture or migration
• Nerve damage
• Toxic reactions
• Chronic pain

You may require additional surgeries to remove or replace the device, followed by a long recovery. The physical, emotional, and financial toll can be overwhelming. The companies responsible for putting a dangerous device on the market should bear those costs, not you.

Who Can Be Held Liable for a Defective Medical Device?

Medical device liability cases often involve multiple parties, depending on where the failure occurred. Identifying all responsible parties is critical to maximizing your recovery. 

Potentially liable parties may include:

• The manufacturer of the device
• The company responsible for the device’s design
• Distributors and suppliers in the chain of commerce
• Sales representatives or marketing companies
• Hospitals or medical facilities that provided the device
• Healthcare providers who improperly used or recommended the device

Each case is unique, and determining liability requires a detailed investigation into how the defect occurred. 

What Compensation Is Available to Me?

California law allows you to seek full compensation for all losses caused by a defective medical device. 

Such compensation may include:

• Medical expenses, past and future
• Cost of corrective surgery
• Lost wages
• Pain and suffering
• Disability
• Emotional distress
• Reduced quality of life

If a defective device caused a family member’s death, your family may be entitled to bring a wrongful death claim.

How Long Do I Have to File a Lawsuit?

Under California law, you generally have two years from the date of your injury to file a personal injury lawsuit. In medical device cases, however, the injury is not always apparent right away. As a result, the clock may begin from the date you discovered, or reasonably should have discovered, that the device caused your harm.

Schedule a Free Consultation With Our Santa Ana Medical Device Liability Lawyers

The companies that design and manufacture medical devices have significant resources and are prepared to fight liability claims. You deserve quality legal representation that can stand up to these companies. Robles Babaee, Personal Injury Lawyers has the experience and commitment to take on these cases and pursue the compensation you are owed.

Let us manage the legal issues while you focus on recovery. Call us today for a free consultation with a Santa Ana medical device liability attorney.