Defective Medical Device Lawyer – Birmingham, AL
Product liability cases have always been a part of our society, as defective products injure people and cause property damage all the time. However, you might not realize that there’s been an uptick in defective medical device litigation in recent years as many private healthcare companies cut corners and overlook safety regulations to make more money.
Defective medical devices can lead to serious injury or even death. Defective devices that are installed inside the human body, like pacemakers and heart valves, may require additional dangerous surgeries to remove them and replace them with properly functioning devices. Not only can defective medical devices risk your life, but they can lead to exorbitant medical bills that you shouldn’t have to pay.
Our attorneys at Marsh | Rickard | Bryan, LLC have the product liability and medical liability experience to advocate on your behalf if you’ve been the victim of a defective medical device. Contact our Birmingham, AL defective medical device lawyer today to discuss your case.
Why Do Medical Devices Become Defective?
In our society, private companies have an incentive to sidestep red tape and conceal negative information about a product from consumers. Medical devices must be reviewed by the Food and Drug Administration (FDA) before patient use, but the administration is woefully understaffed and underfunded, and can’t review every individual product.
There are three classes of medical devices in the United States:
- Class I devices present a relatively low risk of harm and do not require FDA review.
- Class II devices include items like syringes, catheters, and surgical gloves and are only moderately dangerous.
- Class III devices have the highest risk of causing harm, like pacemakers, defibrillators, and other life-sustaining devices.
While Class III devices are typically subject to the most rigorous FDA testing, new medical devices can often pass through a loophole in the FDA clearance process. If the manufacturer shows that a new device is similar to an existing device and as safe as that product, it can avoid the usual testing procedures. Since many medical devices have been on the market for decades, the safety standards have been low for very long, creating a domino effect of medical devices that may not meet the rigorous safety standards they should.
Medical devices can be made defective, or they may become defective over time. In either case, you need a defective medical device lawyer in Birmingham, AL on your side.
How A Medical Device Lawyer Can Help
If you or someone you know has suffered an injury due to a medical device, you may be entitled to compensation from the manufacturer, the hospital, and others. A legal professional can explain your rights and options and help you along your path to justice.
From researching devices and gathering evidence to filing claims and litigating on your behalf, our attorneys at Marsh | Rickard | Bryan, LLC can advocate for you every step of the way.
Contact Our Defective Medical Device Lawyer – Birmingham, AL
The sooner you contact a legal professional, the better your chances are of succeeding with your claim. If you believe you’ve been the victim of a defective medical device, product, or technological or human error, it’s time to speak to an attorney.
Our attorneys at Marsh | Rickard | Bryan, LLC, can discuss your case with you and help you develop a pathway forward to receive your just compensation. Contact our Birmingham, AL defective medical device lawyer today to discuss your case.
What It Means When A Medical Device Is Recalled
If you or a loved one has a medical device that’s been recalled and you were negatively affected by the device, understanding the recall process is essential. Our Birmingham, AL defective medical device lawyers can help guide you through the legal process in these types of situations. Medical device recalls can arise due to safety concerns, flaws in design, or issues discovered during the product’s use. Our defective product lawyers have outlined what it means when a medical device is recalled, how it affects consumers, and what steps you should take if you’ve been injured by a recalled device.
What To Know About Medical Device Recalls
A medical device recall occurs when the manufacturer or regulatory authorities like the U.S. Food and Drug Administration (FDA) or Consumer Product Safety Commission (CPSC) identify a significant issue with a product. These recalls can vary in severity, from simple warning labels to full market withdrawals. A recall typically happens if a device is found to be defective, dangerous, or otherwise harmful to the health of its users. It is crucial to note that a recall doesn’t always mean a product is inherently unsafe; it may only become harmful under specific conditions or if used incorrectly.
The process of a medical device recall begins when the manufacturer identifies a problem, or a government agency flags an issue they identify or following consumer complaints. After this, the manufacturer must notify the government agency(ies) and all affected consumers, distributors, and healthcare providers about the problem. Recalls can be voluntary, where the manufacturer initiates the recall, or mandatory, where the FDA mandates a recall to protect public health.
Why Medical Devices Get Recalled
Several factors can lead to a recall, including:
- Design Defects: A flaw in the design may cause the device to malfunction or cause injury to the user.
- Manufacturing Issues: A mistake during production can lead to defects in the device that were not detected during quality control checks.
- Labeling Problems: Misleading or incorrect instructions or warnings could put patients at risk.
- Performance Failures: If the device fails to perform as intended, especially in life-sustaining applications, it could cause harm.
- Material Defects: Sometimes, the materials used in manufacturing a medical device may break down or react in unintended ways inside the body.
If a medical practitioner knowingly provided you with a faulty or recalled device, you may be entitled to seek damages for medical malpractice. If you’ve been affected by a recalled device, our personal injury medical device lawyer can provide guidance on how to pursue compensation for your injuries.
What You Should Do If You’re Affected By A Recall
If you learn that a medical device you’ve used is part of a recall, it is essential to act quickly. Visit the FDA website or the manufacturer’s website for official recall notices. If you are unsure, consult with a healthcare provider. If your medical device has been recalled, discontinue use of the recalled device immediately, if possible, to avoid further harm. If you’ve been using a recalled device, speak with your doctor to assess whether it has caused any harm or injury.
If you have been injured by the recalled device, report it to the manufacturer, your healthcare provider, and the FDA immediately. Then, reach out to our Birmingham defective medical device attorneys to discuss your legal options.
If you or a loved one has been injured by a defective medical device, you may be entitled to compensation. Our medical device litigation attorneys can help you determine if you have a case. It’s important to seek legal advice promptly, as there are time limits on how long you have to file a lawsuit.
How We Can Help
If you’ve been affected by a defective medical device or have otherwise been the victim of medical negligence, it’s essential to speak with our Birmingham defective medical device lawyers as soon as possible. Our experienced attorneys at Marsh | Rickard | Bryan, LLC have successfully handled over 5,000 cases during the decades of our firm’s history, and we’re here to help you seek the compensation you deserve. Contact us today to schedule a consultation.
How To Document A Defective Medical Device Injury For A Stronger Claim
Our Birmingham, AL-based defective medical device lawyers can help you build a strong case after a medical device injury, but how you document your injury from the start can have a major impact on your claim. At Marsh | Rickard | Bryan, LLC, we’ve seen firsthand how valuable the right evidence can be in holding manufacturers accountable. Whether you’ve experienced pain from a faulty hip implant or complications from a surgical mesh, taking the right steps early on makes a real difference.
We have over 25 years of experience advocating for those injured by defective products, including medical devices, and we’ve recovered over $1 billion in settlements and verdicts for our clients. We believe in giving every client personal attention, and we take the time to understand each injury on a case-by-case basis—something that’s especially important in device-related claims.
Keep The Device And All Packaging
If you still have the device or parts of it, don’t throw anything away. That includes packaging, user manuals, and even warranty cards. Whether it’s a pacemaker component or a failed implant, our faulty implant lawyers will want to review it closely. The physical device can help identify what went wrong and whether the problem was due to poor design, materials, or manufacturing.
Take Photos Of Injuries And Incisions
Photographic evidence of any visible injuries, scarring, swelling, or surgical sites is powerful. Start taking pictures as soon as possible, and continue documenting how your condition changes over time. Our medical device injury attorneys can use these photos to demonstrate the real-world impact of the defective device on your health and daily life.
Collect Medical Records And Test Results
Make a folder with all your doctor’s notes, hospital discharge paperwork, imaging results, and lab reports. These records show the full scope of your condition and any treatments you’ve received. When you work with our Birmingham defective device attorneys, these documents help establish a timeline, confirm the injury, and support the link between the device and the harm caused.
Save Communication From Doctors And Manufacturers
If your doctor contacts the manufacturer or provides warnings about a defective device, keep copies. Emails, voicemails, and letters—especially those mentioning recalls or performance issues—can support your claim. Our medical device recall lawyers will also want to know if the manufacturer offered to replace or remove the device, as that can signal acknowledgment of a problem.
Gather Information About The Surgery Or Procedure
Details like the date of your implant surgery, the name of the hospital or surgeon, and the type of device used are all useful. If you have a card or printout identifying the implant model or serial number, keep that too. Our defective surgical implant attorneys can trace the device back to specific recall notices or investigate other complaints involving the same model.
We’re Ready To Review Your Case
Building a strong claim after a defective medical device injury takes time, evidence, and legal support. At Marsh | Rickard | Bryan, LLC, we’re here to help you move forward. Our attorneys can help you evaluate your case, preserve the right evidence, and seek accountability from those responsible. Contact our trusted Birmingham defective medical device lawyers today for a free consultation and let’s talk about what you’ve been through.
