Injured from a Defective Surgically-Implanted Medical Device?

What You Need to Know if You Were Injured By a Defective Implant

Many patients are recipients of surgically implanted medical devices, such as hernia meshes, IVC filters, and artificial joints. But when these devices are defective and cause serious injuries to the patient, who is responsible for the damages? It is often assumed that a defective implant injury is a medical malpractice case, but really, it is usually more likely a product liability case.

Continue reading to learn the difference between product liability and medical malpractice liability, as well as the most common types of implant defects that can cause serious injuries to patients.

Product Liability Lawyers Indianapolis IN 317-881-2700
Defective Product Lawyers Indianapolis IN 317-881-2700

Product Liability and Medical Malpractice

When a surgically implanted medical device is inserted in a patient, so long as their medical teams and doctors were not negligent in the process, they are not liable for any defects that occur within or from the device. In such a case, it is most likely the manufacturer’s fault. If the health care provider was negligent or careless in some way, and their negligence was a responsible cause of a patient’s injuries, they too could bear responsibility for their negligence.

So long as the health care provider acted reasonably and in line with the medical standard of care, they would not be responsible for a defective medical implant.

If the medical device is defective or dangerous, and the patient is harmed as a result, the manufacturer would be liable, and a product liability case could be pursued.

Medical Implant Defects and Liability

There are several different types of liability when it comes to defective products and their manufacturers. As for surgically implanted medical devices that are dangerous and defective, there are 3 types of liability:  design defects, manufacturing defects, and marketing defects.

Design Defects – When a medical device is manufactured correctly, but the design of the device is intrinsically dangerous, it is considered a design defect. In the case of surgically implanted devices, design defects are not a common occurrence. Most often, medical devices are not accused of design defects but it can and does happen.

Manufacturer Defects – When a medical device is designed properly, but the manufacturer does not adhere to the specifications of the design and/or manufacturers it incorrectly, it is deemed a manufacturing defect. In these cases, the incorrect manufacturing prevents the device to work as intended, thus causing serious harm to recipients of the device.

Marketing Defects – A marketing defect can occur when a medical device’s instructions or advertising campaigns are incorrect, thus posing dangers to patients. For instance, if a medical device manufacturer fails to warn recipients about possible side effects or any concealed dangers that can result from using the device, this could be deemed a marketing defect.

Do you believe you or someone you love is a wrongful victim of a defective product? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to learn your eligibility for pursuing a product liability claim in Indianapolis, today. We represent clients all throughout the state of Indiana.

You Might Also Read:

Who is Responsible for a Defective Product that Causes Injury to a Consumer?
Product Recalls that Have Gone Down in History
Is Market Share Liability Still Used in Product Liability Cases?

Indianapolis Personal Injury Lawyers 317-881-2700
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Who Do I Sue For a Defective Product That Injured Me?

There are several types of product liability lawsuits that arise every day; from children’s toys to exercise equipment, and more. Defective product litigation is an area of the law that involves victims that have been seriously injured or killed as a result of damaged, malfunctioning, recalled, or unreasonably dangerous products. For a short answer to the question, manufacturers of these types of hazardous products are generally the ones accountable for a victim’s injuries or wrongful death.

Continue reading to learn more about defective product liability and litigation, and who to call if you or a loved one has been recently injured by a defective product.

Indiana Personal Injury Attorneys 317-881-2700
Indiana Personal Injury Attorneys 317-881-2700

Defective Product Accidents

Many injuries and accidents happen from damaged or faulty products. Burns, head injuries, orthopedic injuries, disfigurement, blindness, and even death are all common and possible consequences of a dangerous or poorly manufactured item. Any type of product can be defective and cause injury; such as crayons, bicycles, toys, electronics, hair dryers, and even food. In most cases, lawsuits that are filed against manufacturers involve design flaws, improper safety devices, inadequate or failure to warn, manufacturing faults, recalled products, and also marketing flaws.

Marketing flaws, or false advertising, describes a circumstance in which a manufacturer fails to properly inform consumers of safety hazards and other potential hazards; or fails to reveal product information that could have prevented an accident from happening in the first place. In addition to physical and mental repercussions, many product liability claims involve property damages as well.  

Discuss Your Case With a Lawyer ASAP

Personal injury lawyers and legal teams evaluate the physical and mental damages sustained from a defective product, and use this information to document a case against the accountable manufacturer. In almost all cases, a dangerous or faulty product is the manufacturer’s responsibility. This falls under an area of law called “strict liability” and holds a seller or manufacturer of a product responsible for consumer injuries, although some types of product liability claims involve a negligence standard. If a victim injures themselves as a result of their own carelessness or negligence, or uses the product inappropriately, the manufacturer may not necessarily be responsible and the victim can be held accountable for their own damages, however, every case is very fact specific.

This is why personal injury law firms generally offer free initial consultations to people who believe they are victims of a negligent accident. They use this consultation to assess a victim’s case, and determine if they are potentially eligible for compensation. With this setup, a victim does not have to waste money in order to validate their case. If a personal injury firm identifies a manufacturer as negligent, and believes the victim has a solid claim, they will almost always represent their client for free, and only collect legal fees if they win their case and recover full and fair compensation.

Indiana Personal Injury Lawyers You Can Trust

Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to discuss your defective product injuries and learn the best course of action for your claim in Indiana. Our seasoned Indianapolis product liability lawyers can obtain the full and fair compensation you deserve for your resulting damages and losses, including hospital bills, medical expenses, pain and suffering, lost wages, and more. Additionally, we offer free initial consultations and never collect attorney fees unless we prevail for you.

Indianapolis Personal Injury Lawyers 317-881-2700
Indianapolis Personal Injury Lawyers 317-881-2700

Who is Responsible for a Defective Product that Causes Injury to a Consumer?

Defective product litigation is an area of the law that represents victims that have been seriously injured or killed as a result of damaged, malfunctioning, recalled and unreasonably dangerous products. There are several types of product liability lawsuits that arise every day, from children’s toys and playground sets, to exercise equipment, electronic devices, apparel, and more. When it comes to asking the question of liability, manufacturing companies are generally the ones accountable for a dangerous product injuries or wrongful death, so long as all the factors and evidence are in place to prove the case.

Continue reading to learn more about defective product liability and litigation, and who to call if you or a loved one was recently injured by a hazardous product.

Indianapolis Product Liability Lawyers 317-881-2700
Indianapolis Product Liability Lawyers 317-881-2700

Defective Product Cases

Accidents that happen as a result of a defective product are often caused by faulty operation or dangerous parts. This means that any product can be defective and potentially dangerous, such as crayons, bicycles, toys, electronics, hair dryers, and even food. Burns, head injuries, eye injuries, impalement, orthopedic injuries, disfigurement, scarring, blindness, and even death, are common injuries associated with cases of dangerous or poorly manufactured products.

In most cases, lawsuits that are filed against manufacturers involve failure to warn, design flaws, improper safety devices, manufacturing faults, recalled products, and also marketing flaws. Failure to warn describes a circumstance in which a manufacturer fails to properly inform consumers of safety hazards and other potential hazards, or fails to reveal product information that could have prevented an accident from happening in the first place. In addition to physical and mental repercussions, many product liability claims involve property damages as well.  

Manufacturer Strict Liability

In almost all cases, a dangerous or faulty product is the manufacturer’s responsibility. This falls under an area of law called “strict liability” and holds a seller or manufacturer of a product responsible for consumer injuries. If a victim injuries themselves as a result of their own carelessness or negligence, or uses the product inappropriately, the manufacturer may not be responsible and the victim may be held accountable for their own damages. If you are unsure whether or not the manufacturer of the defective product that caused you or a loved one harm is responsible, contact a personal injury lawyer to discuss your accident.

Making a Defective Product Claim

Personal injury law firms generally offer free initial consultations to people who believe they are victims of a negligent accident. They use this consultation to assess a victim’s case, and determine if they are eligible for compensation. With this setup, a victim does not have to waste money in order to validate their case.

If a personal injury firm identifies a case as negligent, and believes the victim has a solid claim, they will almost always represent their client for free, and only collect legal fees if they win their case and recover full and fair compensation. Once retained, your personal injury legal team will evaluate the physical and mental damages sustained from a defective product, and use this information to document a case against the accountable manufacturer.

The Law Office of Craven, Hoover, and Blazek P.C.

Indianapolis Personal Injury Lawyers 317-881-2700
Indianapolis Personal Injury Lawyers 317-881-2700

Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to discuss your defective product injuries and learn the best course of action for your claim. Our seasoned Indianapolis product liability lawyers can obtain the full and fair compensation you deserve for your resulting damages and losses, including hospital bills, medical expenses, pain and suffering, lost wages, and more. Additionally, we offer free initial consultations and never collect attorney fees unless we prevail for you.

Product Recalls that Have Gone Down in History

Indianapolis Accident Lawyers 317-881-2700

Indianapolis Accident Lawyers 317-881-2700

Product recalls happen when manufacturers introduce a new product or commodity to the market for resale, but the product is defective and dangerous in some way. Manufacturers these days are in high competition and always in a rush when it comes to getting their products out on the market to start making fast cash; the subsequent problem that arises from this situation is that some products are not properly tested before they are released to the public. When a person is injured as a result of a defective product, it falls under product liability law, and victims may be entitled to compensation for their damages.

Continue reading to learn about some dangerous and life-threatening product recalls that have occurred in the past few decades, and who to call if someone you know has been recently injured by a defective product.

Manufacturer Re-Calls

The worst part about manufacturer product recalls is that they usually go unnoticed until someone is injured or killed by them. Fatalities and injuries from defective products is the number one reason for recalls. Improper testing, inadequate research, and even tampering are causes of defective products. And tampering can is a criminal offense. Look below at some astonishing and dangerous product recalls that have taken place over the past several years in the United States.

2010- Toyota

The world’s largest auto maker was forced to recall twice in 2010. Faulty pedals and ill-fitting floor mats were to blame. More than 40 million vehicles were recalled in March, while 53 million more were recalled later in November.

2009 – Simplicity Drop Side Cribs

These Chinese-manufactured cribs came with a detachable side that could break easily. Once broken, it created an opening between the side and the mattress, leaving a space that could trap or suffocate children. Unfortunately, an 8 month old infant died in Texas caused by this product defect.

2008 – Ground Beef

The Department of Agriculture ordered the Hallmark-Westland Meat Company to recall more than 140 pounds of ground beef because it may have been contaminated with a bovine disease. The mean was thought to be contaminated with a disease call Downer Cattle. The company had to pay more than 60 million dollars in restitution and fines related to this recall. Fortunately, no fatalities or injuries were reported.

2007 – Mattel Toys

Lead contamination was the culprit behind this 2007 recall. More than 18 million toys, manufactured in China, were recalled.

2006 – Renu MoistureLoc Contact Lens Solution

Bausch & Lomb paid the piper when their contact lens solution was recalled for potentially being linked to a blinding eye infection called Fusarium Fungus. Their company losses were reported to be over 100 million dollars.

2004 – Vioxx

Meant to treat arthritis, this drug was recalled, worldwide, after a study linked it to strokes and heart attacks. The company paid nearly five billion dollars in restitution for over 25,000 lawsuits filed against them for consumer injuries and wrongful deaths.

2000 – Fire Stone Tires

Over six million tires were recalled after faulty manufacturing on Ford Explorer vehicles caused countless motor vehicle accidents resulting in 175 deaths and nearly 700 injuries. Their company losses were reported to be over 100 million dollars.

1994 – General Mills Cheerios

A grower uses the wrong pesticide to produce the grains made for Cheerios cereal. This contamination led to over 75 million dollars in company losses.

1993 – Pepsi

Although a few years later Coca-Cola will experience a product recall in Europe, Pepsi had to recall in 1993 due to alleged product tampering using needles! Pepsi lost over 35 million dollars.

1982 – Tylenol

Surprisingly, Tylenol was recalled in 1982 for alleged cyanide tampering. As a result of product extortion, this suspicion led to more than 30 million bottles to be recalled.

1978 – Ford Pinto

Everyone seems to remember this product recall very well. Back in 1978, the popular Ford Pinto was finally recalled for explosive reasons. Rear-end collisions caused the car to essentially blowup, because the fuel tank was positioned improperly inside the vehicle. Although there were several suspicions of this before it was released to the public, Ford chose to deal with any potential lawsuits rather than solving the problem. The result was countless fatalities and injuries among consumers. Criminal charges and lawsuits were brought before the company, who was eventually found not guilty, but Ford still recalled their vehicles and stopped making them in 1981.

Get a Lawyer

If you or a loved one has been recently injured as a result of a defective product, contact an Indianapolis product Liability lawyer immediately. You may be entitled to legal compensation for your damages. Be sure to act fast, before the statute of limitations runs out, and your chance for remuneration is gone.

Craven. Hoover, and Blazek P.C.

Personal Injury Lawyers 317-881-2700

Personal Injury Lawyers 317-881-2700

Call Craven. Hoover, and Blazek P.C. at 317-881-2700 for information about defective product injuries and product liability lawsuits in Indianapolis, Indiana. Attorney, Daniel Craven, can get you the compensation you and your family deserves after being injured or killed by a defective product, medication, drug, foodstuff, and more. We offer free initial consultations, and we never collect lawyer fees unless we prevail for you! Call 317-881-2700 and speak with a seasoned and well-versed product liability lawyer in Indianapolis, IN today.