Defective Medical Device Designs Call For Immediate Legal Actions

Defective consumer products have resulted in serious injuries and deaths. Statistics from the U.S. Consumer Product Safety Commission revealed tens of millions of Americans undergo an injury resulting from defective consumer product every year. And understandably, a substantial number of such injuries results from the defect in the design or from any manufacture flaw of the product.

Anyone who has suffered from such complications must be able to take steps to protect their rights. It is certainly not possible to state what is the right monetary amount that can compensate all the pain and suffering; but it is necessary to understand how to take action in the immediate aftermath of the injury. The legal issues may seem a bit difficult at times but it is required to stand up and create a voice against the pharmaceutical giants who created this condition. To make it effective, you need to have a consultation with the defective product lawyer in the state who can help you understand the complexities and the procedure behind getting the financial damage awards.

Manufacturing, Design, and Marketing Defects

Victims who suffered from the injuries of a defective product can file a lawsuit against the manufacturer, distributer, or even the wholesaler, depending on what exactly is the defect type. There are three main types of defective product claims -

• Design defects
• Manufacturing defects
• Marketing defects/failure to warn

• Manufacturing defects

Only a certain batch of a company's manufactured goods generally have a manufacturing defect (the defect where there is any error in assembling the product parts). However,  based on the theory of strict liability, the manufacturer will be hold liable for any manufacturing defects that result from faulty construction. Irrespective of the mistakes in the manufacturing process or whoever did the actual error, the manufacturing company will be liable for such cases. The plaintiff needs to prove that their injury was due to the defects which were present when the good was produced.

• Design defect

As understood, this is entirely a design defect which is a mismatch from the original blueprint of a product and results in serious complications. It, undoubtedly, can be unreasonably dangerous and is responsible for creating one of the most hazardous situation for the potential users. This is typically found in all of a company's manufactured products because the entire lot is produced using a faulty concept.

Determining whether it is a design defect-

• Find out if the product’s design is unreasonably dangerous prior to production?

• Was there any plausible anticipation about the potential risk of these devices?

• Could the manufacturer have used a better concept / design without compromising on the economic feasibility and also without altering the purpose of the product?

When there is any issue with the after effects of these implants or devices, the victim can hold the company liable on the ground that none of the answers were given affirmatively. The defective product lawyer will help you understand the implications of the product liability lawsuit.

The experienced team of attorneys at Bernstein, DeCailly & Marshall, PLLC has defended the rights of individuals in several states and have helped in working out complex legal ethics. It takes a lot to fight against the pharmaceutical giants who have not just produced but marketed and branded the defective medical devices, and dangerous drugs.

Get a free evaluation of your case from the experts at https://bdmlawyers.com.