A defective medical devices lawyer is an attorney who specializes in representing clients who have suffered injuries or harm due to faulty or unsafe medical devices.
Today, Chicago stands as a hub for medical advancements and innovations. Consequently, it witnesses a multitude of medical device-related incidents.
These incidents can involve everyone, from clients working with brand-new devices to patients who’ve received a faulty version of their usual glucometer. In either situation, if you’ve suffered significant damages, pain, or injuries, you may be entitled to compensation.
Your best chance of recovering all damages you have suffered, in full, is to secure the help of a skilled medical device lawyer who understands the intricacies that come with these kinds of cases.
From investigating the root cause of the defect to building a compelling legal claim for injury, our attorneys at The Fakhouri Firm Accident and Injury Lawyers know how to fight for your rights every step of the way.
Schedule a free initial consultation to discuss your case and the types of damages you may have been entitled to today when you call 312-999-9990 or contact us online.
Benefits of Working With a Chicago Defective Medical Devices Attorney
Chicago’s defective medical devices lawyers know the first step in winning a case is building a strong claim backed by evidence and sound legal reasoning. From the initial consultation to settlement negotiations or courtroom trials, our dedicated attorneys are committed to securing justice and compensation for our clients through the hard work we put into each case.
Still unsure of how these attorneys can help you navigate your claim? Here are a few examples of why you’ll want to work with one of our qualified defective medical device lawyers:
Thorough Case Evaluations
First, your lawyer will meticulously assess your case. They’ll delve into the details surrounding the defective medical device, the nature of your injuries, and the potential parties liable for the harm caused.
Expert Witness Coordinations
Next, to bolster your case, our team will collaborate with a network of expert witnesses. These professionals may include medical practitioners, engineers, or industry experts who can offer credible testimony to validate the claims of device defects (and resulting harm).
Documenting Cause and Damages
To establish liability, we must prove the extent of harm inflicted (damages) and the causal relationship between the defective device and that harm.
Illinois law provides injured claimants with the ability to demonstrate fault through strict liability, meaning that your attorney can build a strong case simply by demonstrating an unreasonable risk of harm posed by the device when used as direct (or expected).
Establishing these main provings is key in motivating a reasonable settlement offer from responsible parties.
Many defective medical device cases are resolved through settlement negotiations. Armed with an in-depth understanding of your losses — and the liable party’s responsibility — our lawyers will negotiate to reach a favorable settlement that compensates you and your family for the physical, emotional, and financial toll inflicted.
In instances where a fair settlement cannot be reached, our attorneys will be prepared to take your case to court. They’re ready to present compelling arguments, backed by concrete evidence and legal precedent, in front of a jury of your peers if that’s what it takes to pursue the maximum compensation for your damages.
Throughout the legal process, our lawyers will provide compassionate, personalized support. By keeping lines of communication open and offering guidance every step of the way, they can ensure you and your family are well-informed and empowered during the proceedings.
Signs That You Should Reach Out to a Chicago Defective Medical Devices Lawyer
After exposure to a defective medical device, you may be left with painful injuries, resulting in medical costs and other damages. Any time you have suffered significant medical harm or are unable to pay for the costs of the needed care to investigate the full extent of harm, you know that your damages warrant the representation of a defective medical device attorney.
While some medical device injury cases can be handled through a claim with a company, the truth is that they will often fail to compensate you for the full extent of damages you have suffered — and will suffer.
As many claimants who settle early soon find out, their settlement does not fully cover the costs of projected future medical care, leaving them with out-of-pocket costs.
With that risk in mind, the following case factors mean that you are more likely to benefit from the assistance of an attorney when filing your injury claim against the manufacturer of a defective medical device.
Severe Injuries or Complications
If you or a loved one have suffered severe injuries or other unexpected complications after using a medical device, it may be a clear indication of a potential defect. So, seek legal guidance right away to discuss your options with an attorney.
For example, say a patient underwent a surgical procedure where a medical device was implanted. However, after the surgery, they began experiencing excruciating pain and complications. Their health rapidly deteriorated, and they required further medical interventions.
The patient has cause to assume that a defective medical device may be at play and should contact a qualified medical device attorney to investigate their case.
Recall or Safety Alerts
Learning that the medical device you’ve been using has been recalled or subjected to safety alerts can be alarming. Such news suggests that the device may pose potential risks or hazards to patients.
You’ll want to consult with a lawyer immediately if you’ve been affected by a recalled medical device.
For example, let’s say a patient sees news reports about a recall of the hip replacement device they had implanted a few months ago. Concerned about their well-being, they may decide to seek advice from a Chicago defective medical devices lawyer to understand how the recall might impact their health — and whether they have grounds for a legal claim.
Manufacturer Failed to Provide Adequate Warnings
If you were not sufficiently warned about the risks associated with a medical device, and this lack of warning led to harm or injury, you may have a product liability claim. An experienced attorney can help determine whether the device manufacturer failed to provide appropriate warnings and instructions.
For example, imagine a patient was prescribed a certain medical device for their condition but was not informed about the potential side effects or risks. After experiencing severe complications, they may decide to consult a defective medical device lawyer to assess whether the manufacturer’s failure to provide warnings could be a basis for legal action.
Medical Device Malfunctions or Defects
Evidence of a clear medical device malfunction (or defect) can be an obvious indicator that you need legal representation. Make sure to document any unusual behavior or device performance, and share this information with a lawyer who can help you build a strong case.
For example, say you notice that your insulin pump has begun to deliver incorrect dosages, which has led to dangerous fluctuations in your blood sugar levels, along with added expenses from emergency hospital visits or other urgent appointments. This situation indicates a perfect time to reach out to an attorney to discuss the possibility of a claim.
Mounting Medical Expenses and Financial Hardships
Dealing with medical device-related injuries can be financially draining. If you are facing mounting medical bills, loss of income, or other financial hardships due to a defective medical device, a lawyer can help you pursue compensation to alleviate the financial burden.
In a case where a patient’s heart condition has suddenly worsened due to a faulty pacemaker, for example, they may now require additional surgeries and medical treatments. Paying for these escalating medical costs would surely put a strain on their family’s finances.
Instead, they should contact a skilled Chicago defective medical devices lawyer who can help them recover the damages incurred.
You Receive a Low Settlement Offer or a Denial From a Manufacturer After Filing an Initial Claim
Manufacturers want to make it seem easy to file a claim under their warranty programs and legal department procedures. In reality, they will almost always exert more pressure on claimants under these programs to settle for far less than the total sum of their damages, including projected future costs.
Working with an attorney can help you understand the value of your case in full and whether it is in your own financial and medical interests to settle for the amount proposed by the manufacturer.
Remember, time is of the essence when dealing with defective medical device cases. If any of these signs resonate with your situation, do not hesitate to contact an experienced attorney.
The Statute of Limitations for Defective Medical Device Claims in Chicago
A statute of limitations sets a strict deadline within which a patient must file a lawsuit against the responsible parties. In Chicago, Illinois, and throughout the state, the statute of limitations for defective medical device claims typically follows the broader product liability laws.
The Traditional Timeline
In Illinois, the statute of limitations for defective medical device claims is generally within two years from the date the patient knew (or should have known) about the injury or harm caused by the device.
This knowledge could arise from the discovery of the defect, the manifestation of adverse effects, or when a medical professional informs the patient about the connection between the device and their injury.
Exceptions and Extensions to Products Claims in Illinois
While the general rule stipulates a two-year window, several factors may lead to exceptions or extensions of the statute of limitations in defective medical device cases.
- Discovery Rule: In some situations, patients may not immediately recognize that their injuries were caused by a defective medical device. In such cases, the discovery rule may apply, which will allow the statute of limitations to start from the date of discovery rather than the date of the injury. This rule ensures that patients have a fair opportunity to pursue legal action once they become aware of the device’s defect and its impact on their health.
- Statute of Repose: Illinois imposes a statute of repose for product liability cases, including defective medical device claims. The statute of repose generally sets a maximum limit on the time within which a lawsuit can be filed, irrespective of when the injury was discovered. In Illinois, the statute of repose for product liability cases is typically ten years from the date the product was first sold. However, certain exceptions might apply, such as cases involving fraudulent concealment of the defect.
- Minors or Incapacitated Individuals: If the injured party is a minor or lacks the legal capacity to file a lawsuit, the statute of limitations may be tolled until they reach the age of majority or regain their legal capacity. This extension ensures that individuals who are unable to pursue legal action immediately are not unfairly barred from seeking compensation for their injuries.
- Multi-District Litigation (MDL): In some instances, defective medical device cases are consolidated into an MDL, such as a class-action lawsuit, where several similar claims are managed collectively. When cases are part of an MDL, the statute of limitations may be temporarily paused or modified, offering affected patients additional time to join the litigation.
Product Liability Laws in Chicago
Product Liability Laws ultimately provide a foundation for holding manufacturers, distributors, and other entities accountable for any harm their products have caused. There are three primary legal theories under which defective medical device claims are typically filed:
Strict liability is a fundamental concept in product liability law that holds manufacturers and sellers responsible for any injuries caused by defective products, regardless of their level of negligence.
In defective medical device cases, this means that if a medical device is proven to be unreasonably dangerous due to a manufacturing defect, design flaw, or inadequate warning labels, the responsible parties can be held liable for any resulting injuries. Strict liability shifts the burden of proof further from the plaintiff to the defendant, making it easier for victims to pursue compensation.
In negligence-based defective medical device claims, the plaintiff must establish that the defendant breached their duty of care in the design, manufacture, or distribution of the medical device, leading to the plaintiff’s injuries.
Negligence claims require demonstrating that the defendant’s actions or lack of actions fell below the standard of care expected in the medical device industry and that this negligence directly caused the harm suffered by the patient.
Breach of Warranty
Medical devices, like any other products, often come with express or implied warranties. Express warranties are explicit promises made by the manufacturer or seller regarding the device’s safety and performance.
Implied warranties, on the other hand, guarantee that the device is fit for its intended use and free from defects. A breach of warranty claim can be pursued when a medical device fails to meet these warranties and leads to injuries or harm.
The standard of evidence chosen for your claim will be based on multiple factors, including the level of evidence of direct harm obtainable, the willingness of the manufacturer to accept liability via a settlement, and the receptiveness of the presiding court to motions to challenge claims under certain grounds (in the event of a claim that escalates into a lawsuit).
The Role of Local Regulations in Chicago Defective Medical Devices Claims
In addition to state laws, Chicago has its own set of consumer protection ordinances aimed at safeguarding residents from deceptive (and unfair) business practices. These local regulations may come into play in defective medical device cases, especially when they concern issues like false advertising or misleading claims made by manufacturers or sellers.
A Chicago defective medical devices lawyer with in-depth knowledge of these ordinances can leverage them to strengthen their client’s case.
Similarly, Illinois has specific regulations governing medical devices designed to ensure patient safety and quality standards. The Illinois Department of Public Health (IDPH) plays a significant role in overseeing medical devices and their use in healthcare facilities.
Understanding these regulations is crucial when building a defective medical device claim, as deviations from state-approved protocols or regulations can be key factors in establishing liability.
Work With a Chicago Defective Medical Devices Law Firm Who’s Motivated to Help You Win
If you suspect that you’ve been the victim of a defective medical device, don’t hesitate to reach out to our team at The Fakhouri Firm, Accident and Injury Lawyers today. We can help you build the strongest case possible to ensure that you and your family can secure any compensation you may be owed.