Defective Medical Device Lawyer
People rely on medical devices every day to treat complex medical conditions. While many patients see positive results from the use of these devices, like any technology, errors can occur. When these errors occur, a patient may suffer serious complications or even death.
Challenges in Medical Device Error Cases
Cases involving defective medical devices and medical device errors can be difficult, because the Supreme Court of the United States has held that certain medical device manufacturers and medical devices themselves are protected from lawsuits if they have gone through the Food and Drug Administration premarket approval process. The FDA has established standards that medical device manufacturers must follow when creating a product, as well as how to properly label and warn of potential problems, but occasionally medical devices still reach the market with defects. If a product reaches the market with a defect, the FDA will issue a product recall. A list of the current medical device recalls is available here.
Some of the most commonly used medical devices include the following:
- Pacemakers
- Cardiac telemetry devices
- Shunts
- IUDs
- Ventilators and breathing machines
- Breast implants
- Hip and knee replacements
- Dialysis filters
- Stents
- Hernia mesh
These are also some of the devices that have historically experienced the most defects.
What Type of Claim Results From an Error With a Medical Device?
The typical type of claim that will come from an error in a medical device will be a product liability claim. Generally, in Illinois, a product liability case can proceed under two principle theories: negligence and strict liability.
In negligence cases, the person who is injured must show that a manufacturer or seller of a product had a duty to the injured person, that this duty was breached by the seller or the manufacturer, and that the seller’s or manufacturer’s breach of duty was the cause of the injury and resulted in damages.
Strict liability, on the other hand, requires only that the injured person show that the product harmed someone. The distinction between a product liability case for a defective medical device and an action for medical practice may be cloudy, but a lawyer who has experience in dealing with both types of cases can help determine which cause of action should be pursued.
Our team has over 400 years combined experience in personal injury matters, including lawsuits involving faulty medical devices. Victims of defective medical products can recover damages for their injuries or the wrongful death of a family member. If you or a loved one has suffered serious complications or died as a result of a medical device error, our Chicago medical malpractice lawyers may be able to help you receive fair compensation. For a FREE consultation call 877-374-1417 or 312–332–2872 or contact us online.
Past Client Testimonials
Don’t take our word for it. Hear from some of the medical malpractice victims we’ve helped:
Not only were they so professional but also so caring and thoughtful. It was very difficult going over the facts in our mother's case but they were so compassionate and understanding and allowed us to be with them every step of the way. We were able to sit in on the depositions and we were really able to see how hard they worked on our behalf.
During that time, my family and I suffered the loss of my mother. Mr. Levin and Mr. Perconti were more than just our lawyers. Words can’t really express our gratitude.
They were most patient and responded timely to many questions throughout the entire process. All demonstrated professionalism and extensive knowledge of case and state laws. Their in-depth investigative work uncovered details which were unknown to us and yet sadly confirmed our suspicions. We would recommend the Levin and Perconti Law firm and especially this team.
During that time, my family and I suffered the loss of my mother. Mr. Levin and Mr. Peconti were more than just our lawyers. Words can’t really express our gratitude. My family and I will always be grateful for the compassion that they showed us. I want to thank you for what you did for my family, and for always being there for us.
Margaret’s representation, guidance, and professionalism gave us the sense that we could put our trust in Levin & Perconti and the final outcome proved that to be true.
Legally Reviewed by
Bonamarte, IV
Read Bio
Since 2005, Michael Bonamarte IV has been a passionate advocate for victims of negligent conduct, corporate malfeasance, and medical malpractice. He has won numerous awards and recognitions, including Best Lawyers in America and Super Lawyers’ Rising Star. He has presented for the American Association for Justice, the AAJ Nursing Home Litigation Group, the John Marshall Law School, and numerous other legal associations. He regularly lectures at Chicago-area aging organizations about nursing home abuse. His writings have been published by the American Bar Association, the Chicago Daily Bulletin, and numerous other prestigious publications.
Notable Results
for failure to properly read pap smears, resulting in the misdiagnosis of cervical cancer and eventual death of a 35-year-old mother of three children.
for failing to biopsy a known breast tumor, resulting in the delay of diagnosis of breast cancer, causing death.
for failing to perform an annual pelvic exam, which resulted in the untimely diagnosis of ovarian cancer.
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