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Defective Medical Device Attorney

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A defective medical device is any instrument that is used in a patient’s treatment, such as pacemakers, insulin pumps, and defibrillators. While medical devices provide life-changing treatment options and better health management for many patients, defective devices can have serious consequences for those who rely on them.

GET YOUR FREE CONSULTATION

At Levin & Perconti, we’ve seen firsthand the injuries and damage that a faulty medical device can cause, and we’re committed to helping those affected. Our Chicago defective medical device attorneys will stand up for your rights and pursue the compensation you deserve.

Call (312) 332-2872 or contact us online today to schedule a free consultation with our Chicago medical malpractice lawyers.

Common Challenges in Defective Medical Device Claims

Defective medical device claims are often complex because they involve multiple parties and federal regulations that can be challenging to navigate on your own. In many cases, device manufacturers or the devices themselves are legally protected from lawsuits, making it difficult to know who can be liable for resulting injuries.

Because of these complexities, it’s important to work with a trusted attorney who understands the law and has the resources and knowledge to build a strong case.

Our skilled Chicago medical device lawyers have extensive experience with these cases, working with local courts, hospitals, and health care providers to gather evidence. We can handle every step of the legal process, so you can focus on your health and getting your life back on track.

Do I Have a Case? Signs Your Medical Device May Be Defective

For your legal claim to be successful, you will need to show that the medical device was defective. Depending on the type of device, here are some signs that may indicate medical device errors:

  • Sudden physical symptoms: Pain, swelling, other signs of infections, reduced mobility, unexplained bruising or bleeding, unusual sensations or sounds
  • Shifts in your overall health: Return of previous symptoms from before the device, chronic inflammation, signs of toxicity, like a metallic taste in the mouth
  • Mechanical red flags: Fluctuations in device performance, battery issues, overheating, cracks, loose wiring, or other visible damage

If you experience any of these signs or symptoms, consider consulting a doctor right away.

Commonly Used Medical Devices

Some common medical devices include:

  • Pacemakers: A small, battery-powered device placed in the body to help regulate the heartbeat
  • Cardiac telemetry devices: Wearable sensors that transmit a patient’s heart rhythm to medical professionals
  • Shunts: A hollow tube surgically implanted to divert excess fluid from one part of the body to another
  • Intrauterine device (IUD): A T-shaped contraceptive tool inserted into the uterus
  • Ventilators and breathing machines: Life-support machines that assist or replace a patient’s natural breathing
  • Breast implants: A medical prosthesis consisting of a silicone outer shell filled with either saline or silicone gel
  • Hip and knee replacements: Artificial implants to replace joints and restore mobility and relieve chronic pain
  • Dialysis filters: Artificial kidney function that removes waste products and excess fluid from the blood
  • Stents: An expandable mesh tube surgically inserted into a narrowed or weakened artery
  • Hernia mesh: Surgically implanted material that provides support to weakened or torn tissue

How Our Defective Medical Device Lawyers Can Help You

Levin & Perconti has over 400 years of combined experience in personal injury law, including lawsuits involving faulty medical devices. With over $1 billion recovered in settlements and verdicts, we have the experience and knowledge to handle your case from start to finish, including these steps:

  • Investigating the device and who may be responsible for the harm caused
  • Gathering evidence and details about the defective device to support your claim
  • Speaking to manufacturers, insurers, and their legal teams on your behalf
  • Negotiating a fair settlement that reflects your losses and what you’ve been through
  • Representing you in court if your case needs to go to trial

Our team takes the legal burden off your shoulders, giving you peace of mind that your case is in good hands. We focus on holding manufacturers accountable for the harm their devices caused and securing the maximum compensation available for your damages.

Past Client Testimonials

Don’t take our word for it. Hear from some of the medical malpractice victims we’ve helped:

I want to send my heartfelt thanks to John Perconti and the Levin & Perconti staff in taking our case.

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.
M.R.Z.,Nursing Home Client
M.R.Z.,
Mr. Levin, Mr. Perconti, and the firm handled a medical malpractice suit for my family.

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.
W.R., Medical Malpractice Client
W.R.,
Margaret, Daisy and Bryan. This magnificent cohesive team led by Margaret represented us for my mom's nursing home wrongful death case.

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.
Kathy and Ron
Kathy and Ron
Mr. Levin, Mr. Perconti and the firm handled a medical malpractice suit for my family.

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.
W.R.,Medical Malpractice Client
W.R.,
Our deepest appreciation to the law firm of Levin & Perconti, and in particular to Margaret Battersby Black, in the handling of the lawsuit we field n behalf of our sister who sustained life-threatening injuries as a nursing home resident.

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.
D.G.,Nursing Home Client
D.G.,

Types of Claims in a Defective Medical Device Case

Medical device errors usually lead to product liability claims, which generally fall under two categories—negligence or strict liability:

  • Negligence: With negligence cases, you must prove the manufacturer or seller owed you a duty of care, failed to meet that duty, and directly caused your injury.
  • Strict liability: Strict liability shifts the focus from the manufacturer to the product itself. You simply need to show that the device was defective and caused harm rather than the manufacturer’s failure to meet a duty of care.

It’s also possible that a faulty device can lead to a medical malpractice claim, which is based on negligence. While the line between a defective device and medical malpractice may not always be clear right away, an experienced attorney can review your situation and help you decide which legal path to take.

Available Compensation in a Medical Device Claim

If you were hurt by a defective medical device, you may be entitled to recover economic and non-economic damages. Economic damages are the financial losses caused by your injuries, including:

  • Medical expenses
  • Cost of future medical care
  • Lost wages
  • Loss of earnings capacity
  • Other out-of-pocket costs

If you have medical liens while waiting for your case to reach a resolution, Illinois law protects you by limiting the amount providers can collect to 40% of your total compensation.

Non-economic damages are the intangible or subjective losses you experience due to the faulty device, such as:

  • Pain and suffering
  • Emotional distress
  • Loss of enjoyment of life
  • Disfigurement or disability
  • Loss of consortium

For family members who lost a loved one as a result of a defective medical device, you may also recover additional wrongful death damages, including:

  • Funeral and burial expenses
  • Loss of financial support and benefits
  • Loss of household services

Frequently Asked Questions

What Are the Typical Steps Involved in Filing a Defective Medical Device Lawsuit?

Filing a medical device claim in Illinois starts with consulting a doctor and preserving the device as evidence. Your attorney will then investigate the device and the manufacturer’s history and hire expert witnesses to prove a defect existed and caused harm.

After filing a formal complaint, the case enters discovery, in which both sides exchange evidence and take sworn depositions. While most cases end in a settlement after negotiations, the case can proceed to a trial if no agreement is reached.

To prove a faulty medical device claim, you must show that the product was unreasonably dangerous through evidence, including:

  • The device itself, serial numbers, and the original packaging
  • Medical records
  • X-rays or other imaging results
  • Lab tests that link your specific injuries directly to the device’s failure
  • Expert testimony from engineers and doctors to confirm design flaws
  • Internal manufacturer records or Food and Drug Administration (FDA) recall notices to prove the company knew of the risks

At Levin & Perconti, there is no upfront cost to hire our defective medical device attorneys. We offer free consultations and work on a contingency fee basis, so you don’t pay us anything unless we win your case. Our fees are paid as a percentage of the total amount we secure for your case.

While you can still sue if the medical device was approved by the FDA, it will depend on how the FDA approved the device. This is because of federal preemption, a legal rule that can sometimes block state-level lawsuits if the device meets the FDA’s most rigorous safety standards. It’s best to speak with an experienced attorney to see if you have a valid case and how you can move forward with legal action.

Next Steps: Schedule a Free Consultation

If you believe a defective medical device led to your injuries and damages, our Chicago legal team can assist. We offer free initial case reviews to listen to your situation, explain your rights, and discuss possible legal options for you to recover compensation. Every consultation is free, confidential, and focuses on providing the answers you need to make the best decisions for you and your family.

To schedule your free consultation with our team, call (312) 332-2872 or contact us online today.