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?

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What is a Defective Product?

Here in Indiana, the law regards a defective product generally as one in a condition that renders it unforeseeable and unreasonably dangerous to any consumer or their property when used in the manner intended by the manufacturer. Furthermore, a defective product can be one that does not come with sufficient user instructions or adequate warning labels. If you were recently injured by a defective product, continue reading to learn more about product liability and your rights to being compensated for your damages.

Defective Product Lawyer 317-881-2700
Defective Product Lawyer 317-881-2700

Product Liability

Manufacturers, retailers, and marketers are the common types of sellers held liable in product liability lawsuits. This legal principal is known as strict liability. If one party makes, sells, or even leases a product that meets the state criteria of a defective product, they can be held legally responsible for any physical harm suffered by the consumer, including their damages and losses, such as hospital bills and medical expenses.

However, in order for the seller to be held liable, three elements must be true. First, a seller must be involved in the sales of the product. Second, the consumer must be in a class of people that the seller would reasonably expect to be harmed and third, a consumer must have obtained the product without a substantial change in its condition.

Indiana Laws Surrounding Defective Products

Although there are no federal product liability laws, each state has their own set of regulations governing such tort claims. Indiana recognizes the Product Liability Act, §34-20-1-1. Indiana statutes of limitations gives victims two years from the date of the accident to make a claim against a manufacturer for a product defect that causes them harm. However, under strict liability, a seller cannot be held liable if they are not the maker of the product, or the part of the product that caused injury, except under certain conditions.

Understanding Product Liability Law

As you might already gauge, defective product laws and claims are quite complex, and therefore, require the services of a seasoned personal injury lawyer who can help you comprehend the laws surrounding your case in a language you can clearly understand. They have the knowledge and experience to professionally navigate your case and recover the full and fair compensation you deserve.

Indiana Product Liability Lawyers

Call the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free initial consultation with a licensed product defect lawyer in Indianapolis, Indiana. Seasoned lawyers, Daniel Craven, Ralph Hoover, and Keith Blazek, are ready to help you recover the compensation you deserve after being injured by a defective product. We represent injured people throughout the State of Indiana.  Best of all, we only collect lawyer fees if we obtain a settlement for you!

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

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

The Top 10 Most Dangerous Summer Toys for 2018

A reputable and publically recognized consumer group called W.A.T.C.H., Inc. has released their 2018 safety report that includes this summer’s most dangerous toys. If your child is injured as a result of a defective product, contact a licensed personal injury law firm right away for help with making a claim.

Continue reading to learn more about W.A.T.C.H. and which toys they have deemed “unsafe” for this summer.

Child Injury Attorneys 317-881-2700

Child Injury Attorneys 317-881-2700

World Against Toys Causing Harm, Inc.

World Against Toys Causing Harm, Inc. (W.A.T.C.H.) is a consumer group that specializes in research that supports prevention against toy-related injuries. It is a Massachusetts non-profit corporation dedicated to children’s causes, including raising awareness about unsafe children’s products, such as playground equipment, toys, furniture, clothing, and more. It was founded by Edward M. Swartz (1934-2010), who spent most of his career as a nationally-known trial lawyer and child safety consumer advocate.

Please visit their website at https://toysafety.org to learn more about their cause, review safety warnings, and much more.

Dangerous Toys and Playgrounds

According to W.A.T.C.H., the majority of child deaths that occur as a result of a defective or dangerous toy happen during the summer. In fact, these same reports show that emergency rooms treat 2.5 million injured children in the summer, every year. According to Centers for Disease Control and Prevention (CDC), emergency rooms treat more than 200,000 children ages 14 and younger for playground-related injuries. Furthermore, a 2017 report released by the U.S. Consumer Product Safety Commission (CPSC) estimates there were 174,100 toy-related emergency department-treated injuries and 7 deaths in 2016 to children younger than 15 years old.

Although the Toy Industry Association (TIA) insists that all toys for sale in the United States are sent through some of the sternest safety requirements in the world, the consumer advocates at W.A.T.C.H. disagree, stating, “Most people have no awareness of the lack of adequate mandatory pre-market safety testing of toys and children’s products in contrast to the rigid rules that exist for food and drugs.”

2018 Unsafe Toy Warning

In a recent press release held at Franciscan Children’s Hospital in Boston, MA on June 21st, World Against Toys Causing Harm, Inc. Consumer Advocates, Joan E. Siff (President) and James A. Swartz (trial attorney and Director) disclosed information to parents, guardians, and caregivers about the top 10 “Summer Safety Traps” for 2018.
These toys have the potential to cause a wide array of serious injuries and fatalities, including high falls, blunt force trauma, eye injuries, drowning, head injuries, choking injuries, and various orthopedic injuries. Here are the top 10 safety concerns they have listed for this summer:

Water Balloon Slingshots

High-Powered Water Guns and Guns with Projectile Ammunition

Backyard Swimming Pools (Above-Ground and In-Ground)

Backyard Water Slides

Shallow Water: Baby Pools, Garden Buckets, and Pool Covers

Bounce Houses and Backyard Trampolines

Low Riding Wheeled Toys (Big Wheels & Other Plastic Tricycles)

All-Terrain Vehicles (ATV’s)

Lawn Darts

Check out the actual W.A.T.C.H. press release for more information regarding this list.

Child Injury Claims

Contact a seasoned Indianapolis personal injury lawyer for information about receiving compensation after your child has been seriously injured or killed by a defective product or unsafe toy. They will tell you everything you need to know about making a child injury claim, and help you recover the full and fair compensation you deserve.

Indianapolis Personal Injury Lawyers Who Can Help

Personal Injury Lawyers 317-881-2700

Personal Injury Lawyers 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free consultation with a licensed Indianapolis personal injury attorney who can determine the best strategies for your case. Not only does our law firm offer free consultations, we never collect lawyer fees unless we prevail for you! Call 317-881-2700 to get started on your financial recovery, today.

Are Space Heaters Dangerous?

There are several reasons why people use space heaters. Not only do they effectively heat small spaces using minimal amounts of energy, they can be used all year round on demand and they allow property owners to save money on energy bills, especially in the winter. Portable heaters also work as fantastic outdoor heating devices for autumn fun and patio entertainment. Although they are popular electronics for both residential and commercial use, are space heaters safe to use in our homes and office? Continue reading to learn more about space heaters and a few safety tips to consider when using them.

Burn Injury Lawyers 317-881-2700

Burn Injury Lawyers 317-881-2700

Space Heater Safety Tips

There are some statistics you should be aware of before choosing to regularly heat your home with a space heater. For example, in 2010, similar heating devices and equipment were the cause of over 57,000 reported house fires. From these fires, more than 300 deaths occurred, more than one thousand people and children were injured, and more than one billion dollars’ worth of damages occurred. When it comes to using space heaters, be sure to fully understand the risks and potential dangers that they can cause.

To avoid the risk of fires, injury, and damages, review these important safety tips regarding space heaters:

⚠ Use a heater that has a protective casing blocking the flame or heat source. This can help avoid contact with children, pets, and clothing.

⚠ Purchase a heater that has been certified and approved by a national recognized testing laboratory or corporation (i.e. Underwriter’s Laboratories Inc.). These products generally meet the safety standards and requirements for indoor heating devices such as this.

⚠ Use an appropriately-sized space heater for the square footage you need to heat. Do not use a heater too large for a room.

⚠ Place space heaters at least 3 feet away from curtains, drapes, blankets, furniture, and other flammable materials.

⚠ Keep space heaters away from water.

⚠ Be sure that everyone in the home or office thoroughly understands how to use and operate the space heater. This includes children, babysitters, co-workers, and any other person within the property.

⚠ If using a natural gas or kerosene space heater, keep all other doors open in the house to prevent pollutant build-up. It also promotes proper combustion. Vented heating devices also require ventilation for apposite combustion.

⚠ Gas space heaters should always come with a pilot safety valve.

⚠ Never attempt to light the pilot if you smell even a trace of gasoline.

⚠ Never leave a space heater on overnight or when you are not home.

⚠ Place the space heater on a leveled area where it cannot be knocked over or bumped.

⚠ Try not to use extension cords. If you do, make sure it is a heavy-duty brand with an equal or higher power rating as your space heater.

⚠ Always remember that space heaters are intended for temporary use only.

⚠ Unvented or kerosene space heaters are illegal in some states. Be sure to do your research. Be aware that trailers and mobile homes require specialized indoor space heating equipment. Only vented or fuel-fired heaters should be used in these types of properties.

Indianapolis Burn Injury Attorneys

Personal Injury Law Firm  317-881-2700

Personal Injury Law Firm
317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 for burn accident injury claims in Indianapolis, Indiana. If you or a loved one was recently injured as a result of a negligent fire or space heater product malfunction, call our licensed personal injury attorneys right away. We offer free initial consultations to and NEVER collect attorney fees unless we prevail for you! Call 317-881-2700 to schedule a consultation, today.

Is Market Share Liability Still Used in Product Liability Cases?

Market share liability is a legal set of rules that plaintiffs and courts can use against a group of product manufacturers in a product liability case if the origin of the harmful product in question cannot be proven. In such a case, since there is no way of determining which manufacturer provided the fungible product that harmed a person or group of people, the law decrees that all manufacturers in the market must pay a percentage of recompense for damages. Continue reading for an example of a market share liability case, and more about how it applies to product liability cases.

Indianapolis Accident Attorneys 317-881-2700

Indianapolis Accident Attorneys 317-881-2700

Market Share Liability

Market share liability is rarely used in the court system today. In order for it to apply, four distinct factors must be true about the case: it must be impossible to determine which manufacturer provided the actual product that harmed the actual victim, all manufacturers were active suppliers of the product when the damages occurred, the product must be fungible (the same no matter who made it), and a majority share of the manufacturers of the product must be present as defendants in the lawsuit.

If all four of these factors are true in a product liability case, market share liability could be applied. This of course all depends on individual circumstances, evidences, and varies case to case. It is important to discuss your legal questions regarding personal injury or product liability with a licensed attorney that focuses on your accident case.

Case Example

The market share doctrine originated in California after a DES case was revealed. Mothers were prescribed a medication called DES that prevented miscarriages. Later, the adult-children of these mothers began to develop reproductive tract cancers, like vaginal tumors, masses, and more. Since it was impossible to determine which drug company provided the DES that was prescribed to their mothers, the courts decided to apportion the liability among all (or most) of the drug companies that manufactured the DES medication at the time the mothers were prescribed to it.

The apportioned share in a market share liability case is not always equal among manufacturers. It is divvied according the percentage of the product they produced and distributed at the time a victim was injured by it. If you or a loved one was injured by a defective product, contact a licensed personal injury lawyer to learn your rights before the statute of limitations runs out. You could be entitled to compensation for your damages and losses.

Craven, Hoover, and Blazek P.C.

Personal Injury Lawyers

Personal Injury Lawyers 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to learn about product liability or to file a defective product injury claim in Indianapolis, IN. Personal injury attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek, have extensive trial and litigation experience and can offer you accurate and information answers to your legal questions. We offer free initial consultations so there is no financial obligation to discuss your case! We also never collect attorney fees unless we win your case. Call 317-881-2700 to speak with a product liability lawyer in Indianapolis, today.