Five Reasons Why You Need Medical Device Lawyer

Before a drug or device is introduced to the market (read for general public), it must be approved by the U.S. Food and Drug Administration (FDA). However, for devices such as hernia meshes, transvaginal meshes, IVC filters, the devices are released without evaluating as long as it is “sufficiently similar” to another related product.

As understood, this leaves everyone with a substantial amount of risk than its benefits.

Nothing but the enormous financial gain beguiled the manufacturers to use the 510(K) premarket submission testing from the FDA. Many of the drugs that have been involved in litigation were not adequately tested.

Defective medical devices can cause fatal injuries. Those harmed by a defective medical device must seek for justice and financial recovery for their injuries and losses.

Getting to know why you need the best medical device lawyer had you been ever affected wrongly by any such situation is a good idea. Let’s have a look:

Skill and Knowledge: It is important to have a strong representation in the court or if you are speaking up against the insurance company. If you were hurt, or someone you love passed away because of a manufacturer’s mistake, you need someone who can successfully negotiate with the insurance companies make a discreet resolution to the dispute.

Providing a comprehensive investigation: To settle or negotiate that another person or business’s negligence made you suffer serious looses in the court room will be extremely difficult if you don’t have a thorough investigation about the matter. The best medical device lawyer will know where to begin the inquiry and get the information needed to earn leverage and bolster the case.

Objectivity: While you have every right to be emotional or resentful given the condition that brought you to the court, you will need someone who can view the case objectively. Ideally, your emotions might affect the negotiation process with insurance companies making the session lengthier, tricky and finally ineffective.

Get increased amount of compensation: Generally speaking, an experienced medical malpractice lawyer understandably will have higher chance of getting a larger settlement value. There’s nothing that can beat their skill and ability when compared to a layman fighting for his/her case.

Help you reduce your burden: After you have suffered a medical mistake, it is going to be a stressful situation. It takes quite a bit of time to physically and emotionally recover from the situation. This is why it is so important to hire a medical malpractice attorney for help. Failure to hire the best medical device lawyer can lead to serious, long-term consequences.

We offer free consultations to discuss about the legal options. Call to consult with our experienced medical device defect lawyer.

Bernstein, DeCailly & Marshall, PLLC is a trusted name when it comes to looking for top medical device lawyer. If you are looking for the following, visit https://bdmlawyers.com today:

•    fearless approach to fight against large companies
•    somebody who will focus on your needs, injuries and damages
•    free evaluation and representation of your case unless you win it


                         DIAL 844-875-4747 NOW!

Hernia Meshes And 5,000 Lawsuits

Over the past few years, several cases have been filed against the hernia mesh manufacturers and distributors. The product has been linked with multiple side-effects and expensive and risky reparative surgeries. This blog is trying to bring out how bad is the situation.

More than 5,000 lawsuits against hernia mesh manufacturers are pending in different federal courts of the United States. The synthetic meshes have been associated with multiple complications like chronic pain and nerve damage. The hernia mesh attorneys are helping these victims in getting their due compensation against the troubles caused by the implant.

“Synthetic meshes have been associated with multiple complications like chronic pain and nerve damage”

The hernia is a swelling formed in the abdomen by the soft tissues escaping through a hole formed in the pelvic muscles. The symptoms involve:

• Pain, in different severity
• Discomfort in lifting heavy objects
• Swelling in the abdomen
• Burning sensation

However, there have been instances where the patient did not show signs associated with the condition at all. The usual course of treatment involves watchful monitoring and mild medication to manage the discomfort associated with hernia. Surgery is required only when the hernia develops organ strangulation or infection.

Hernia repair surgery and the meshes

Currently, the hernia repair surgeries are done either through an open procedure or laparoscopy. In either procedure, a synthetic mesh is used to strengthen the compromised muscles and prevent further hernia recurrences.

However, these net-like surgical implants have been known to cause multiple complications among patients. Some of them include:

• Abdominal pain
• Irreversible nerve damage
• Infection-like symptoms including fever, and foul-smelling discharges
• Adhesion
• Mesh erosion
• Organ strangulation
• Difficulty in passing gasses and stool
• Mesh rejection

These symptoms might show up immediately after the surgery or could take years. The patients have to be rushed into emergency procedures that are very risky and complicated. The recovery from these reparative procedures is long and requires constant medical attention. Moreover, they are quite expensive and might not be covered in medical insurance.

According to several federal judges, in these circumstances, the patients can claim compensation from the mesh manufacturers and distributors for injuries and damages.

Have you been affected by these implants, and are now leading a life full of misery? Then, come out of the tunnel and step into the light with Bernstein, DeCailly & Marshall, PLLC. The team of experienced hernia mesh attorneys can help you in getting the compensation you deserve. Do not lose the limited time you have, contact them at https://bdmlawyers.com or call 844-875-4747.

Bursting the Myths about Defective Product Lawyers

The laws associated with defective merchandise litigation are widely misrepresented, giving way to many false stories. This current write-up tries to burst these myths and bring out the real picture.

Ideally, in a defective product lawsuit, the victim files litigation against the product manufacturer for endangering their (victim’s) life. In such lawsuits, a defective product lawyer fights the case on behalf of the victims and helps them in getting justice.

However, the laws relating to product liability or personal injury are one of the most misinterpreted acts. This misconception has given birth to multiple myths and false stories, which confuses the applicants who are trying to file a lawsuit against the responsible parties.

Let’s burst some common myths associated with the given section of the law:

1. “The insurance would cover the costs, in case of injuries”

Truth: The insurance companies, after cutting maximum profit margins, would pay the smallest amount to settle the claim.

The primary concern of any commercial agency is to maximize their profits. That is true for the insurance companies as well. They will settle the claim, with a minimum amount, so that their profit margins will not be disturbed. In most cases, the victims end up paying around 25% of their cost relating to injuries and other expenses from their pocket.

Thus, insurance will not fully cover the medical and other expenses, and to cover the additional costs victims end up filing a personal injury lawsuit.

2. “Person responsible for the accident would pay for the insurance from their pocket”

Truth: The person-at-fault does not pay for the injuries; instead the insurance companies pay for it.

It is a common myth that a person or the company responsible for the injury would compensate the injured. In reality, it is most likely that the responsible person’s insurance coverage would pay for the damages. Most big corporations have coverage that helps them in paying the victims, in case some issues arise.

A reliable attorney can help the victims in perusing all the potential sources for getting the compensation they (victim) deserve.

3. “Talking to a personal injury or defective product lawyer is unnecessary for minor injuries.”
 
Truth: Medical bills and other additional expenses might gradually start piling up, even for minute or negligible accidents. Talking to an experienced lawyer can always help in determining the potential of the case, and its eligibility in winning a claim.

According to a national database, victims might have to pay up to $ 3,000 on an average for their “minor” wounds owing to a defective product. And, this number would rise in the upcoming year. These negligible injuries can very quickly turn into something major, leading high medical expenses and loss of payment. So, instead of ignoring the wound or assessing it to be small, victims should contact a lawyer to understand the potential of the lawsuit.

Have you been injured by a faulty product? Then, talk to Bernstein, DeCailly & Marshall PLLC to know the potential of your lawsuit. For more information, visit http://bdmlawyers.com or call 844-875-4747.

5 Defective Product Cases That Needs Trained Lawyers

Going through a medical device implant or replacement is a risky practice. If you have been under the knife for such procedure then you must be aware of the post-surgery complications it comes with. These devices developed side effects, complications, severe injuries, multiple surgeries, and even death. If you have been through any such problem then voice your claim with the help of the best medical device lawyer. Some of the product liability cases are as follow:

1.    Hernia mesh

Hernia mesh is implanted to repair the internal tissues from protruding. However, surgery gives rise to some of the most complicated cases and injuries for patients, further resulting in filing for compensation claims.

2.    IVC Filter
The inferior vena cava filter implants also made a blunder and resulted in causing severe side effects for an uncountable number of patients. Hence, only skilled lawyers will be able to handle complex cases like this.

3.    Hip Replacement

Hip replacement is done by adding an artificial joint or implant to repair the injured natural hip. But this procedure developed frequent complication after replacement making it necessary for patients to turn to take a legal stand.

4.    Transvaginal Mesh

TVM, also known as hammock implant or pelvic sling is used to cure pelvic organ prolapse or urinary incontinence. However, these treatments resulted in some severe post-surgery complications, making it obvious for victims to find legal justice.

5.    Essure

An uncountable number of women claimed that this medical device is not effective. Patients suffered severe side effects like allergic reactions, acute pain and more.

Hence, turning to the best medical device lawyer can help you file a successful compensation claim. Visit http://bdmlawyers.com or dial 844-875-4747 to talk to them directly.

Are you looking for product liability lawyers?

Going through a defective product complication doesn’t mean you will bare everything quietly. When you agree to a medical product as a treatment, you have a certain right as a consumer. The very first right is to know about the potential risks that the product is under. If by any case you went through some serious damage because of the lack of information from the manufacturer’s side, then a defective product lawyer can help you in every possible way.

Select your product liability case
If you ever try to get deeper into the statistics of defective product cases, you will be surprised just how often people are victimized by this complication. In case you want to revise your memory about the cases, take a look at these points right here:

•    Talc baby powder
•    Hip replacement
•    Transvaginal mesh
•    Hip implants
•    IVC filter
•    Zofran
•    Taxotere
•    Essure

These are some of the most common product liability cases that people file a lawsuit for. However, the accelerating complication graph is not limited to few of these. Huge numbers of cases are being added every year, but it’s important to know that only a defective product lawyer can help you in this situation. There are experienced teams of a lawyer who specializes in these cases and can help you claim your financial compensation easily. They hold decades of collective information about hernia settlement to pull you out of any complex situation.

Get in touch with Bernstein, DeCailly & Marshall, PLLC for a consultation or visit Bdmlawyers.com, you can also dial 844-875-4747 to have a discussion about your case.

How a medical device lawyer can help to fight for legal justice?

Every day, millions of people in the U.S. rely on medical devices and prescription drugs to treat illness and injury, and eventually improve the quality of their lives. Regrettably, not all of these products are safe and effective. Companies sometimes release dangerous drugs and medical devices on the market without undergoing the required testing, safeguards, or warnings. While some of them make it to the headlines, many others never see the light of justice; whatever it is thousands of lives are affected and have the right to demand for their damage awards.

Sometimes, instead of recalling a faulty device, most of the manufacturers will try to cover up the situation and deny the facts about anything being wrong with their device. When the product remains on the shelves of medical supply stores, it's only obvious that more people will inevitably suffer. It is the responsibility of Food and Drug Administration’s (FDA) to issue a product recall to get rid of that device from the marketplace. Unfortunately, this step is often the last resort, and happen only after hundreds and thousands of consumers become injured from a medical device.

If you become injured by a defective medical device, you and your family might be entitled to win compensation for medical expenses and emotional anguish. Get in touch with the best medical device lawyer, who will help you file claim against a neglectful manufacturing company and also fight to hold them responsible for its actions. Also, if your family member dies as a result of a faulty device, you might also be entitled to get the burial expenses as well as to secure the financial future of your family.

Oftentimes, in spite of the FDA’s rigorous approval process, hazardous and unsafe medical products are introduced into the marketplace. Regrettably, it is only after a significant number of consumers become injured and file legal complaints that a mass recall is issued by the authority.

The experienced team of attorneys of Bernstein, DeCailly & Marshall, PLLC can help you fight against the complications you have suffered from an adverse reaction to prescription drugs, defective medical devices or dangerous products. Visit http://bdmlawyers.com or dial 844-875-4747 to find out about the lawsuits and how to claim for the complications.

Why Need Medical Device Lawyer?

Hernia repair common surgery not just in the US but all across the globe. Almost 10 million hernia repairs have been performed across the country in the past decade and the use of hernia repair has been found to be very popular given its easier and faster recovery option.

Although these mesh surgeries have seen impressive popularity, there have been unnecessary complications associated with the device. By appointing the best medical device lawyer, the patients have today found their voice and are speaking up against the undue complications they faced.

The following conditions are can be very challenging and needs immediate medical attention:

• Allergic reaction

• Mesh erosion

• Chronic pain

• Recurrence of hernia

• Infection in the surgical site

• Organ perforation or puncture

• Abscesses

• Need for further corrective surgery

With an experienced team of attorneys, Bernstein, DeCailly & Marshall, PLLC have come together in order to help thousands of victims to help them settle their cases. The collective experience of the attorneys help to defend the pharmaceutical giants through the advises about the complex legal ethics matters. Visit Bdmlawyers.com to know more about their work guidelines.

What Causes Hernia Mesh Complications?

A hernia is the bulging or swelling of tissues, or organs through the abdominal wall. In certain cases, the swelling can be seen while bearing down or stretching. A hernia is very common in the abdominal area, although they may also appear in the upper thigh, groin or the belly button. In most cases, doctors might prescribe surgery to prevent hernia complications from causing life-threatening conditions.

Hernia Surgery and complications:

All over the world, more than 170,000 patients are undergoing hernia mesh operations. According to specialists, the rate of complication among such patients ranges from 10% to 25%. 

According to the FDA’s official website most of the time the complications caused by the hernia mesh recall products that are not available in the market. These products can create issues leading to complications like pain, recurrence of hernia, infection, obstruction and other problems in the patients. According to one report, these recalled products are one of the prime reasons for causing bowel obstructions and perforation complications in the patients.

     

If you or your loved ones are suffering from the difficulties caused by a hernia mesh surgery, then approach the Bernstein, DeCailly & Marshall, PLLC. They have experience in providing legal aid to patients suffering from complications caused by medical negligence or faulty hernia mesh recall products. For more information, visit Bdmlawyers.com or call 844-875-4747.

Points to Note about Hernia Mesh

A hernia is caused when an organ, fatty tissue or intestine bulges out from a damaged or weakened body area. Typically, hernias occur in the abdominal wall and are termed as ventral hernias. Symptoms such as nausea, severe pain, infection and other complications lead to surgery. Over one million hernia repair surgeries are done every year as reported by the U.S. Food and Drug Administration (FDA). But there have been plenty of complications associated with it.

The following symptoms are suggestive of the complications from the hernia mesh is flawed in nature:

•    Chronic pain

•    Organ perforation or puncture

•    Mesh erosion

•    Severe infection in the surgical area

•    Allergic reaction from the mesh quality

•    Hernia recurrence

•    Intestinal fistulae

•    Abscesses

•    Bowel perforation

The main legal issue that these hernia mesh attorneys fight for in the lawsuits hernia mesh devices is that the devices shrink inside the patient's body. Plaintiff attorneys argue as part of the lawsuits that the products were poorly designed and need unnecessary repairs and injuries.

Victims with the above mentioned injuries from a hernia mesh can seek for the following damage awards in the lawsuit:

•    Past and future medical expenses that resulted from the hernia mesh injuries such as infection treatment, additional corrective surgeries, perforations, and bowel obstructions

•    Cost of the post care treatment that was needed from chronic pain

•    Past and future loss of wages

•    Past and future loss of the inability to earn in future

•    Punitive damages if appropriate

Till date, over $1.1 billion has already been paid by the companies to settle for the vaginal mesh and hernia mesh lawsuit settlements. There have been some very prominent settlements and verdicts pertaining to the hernia mesh cases. There are a number of hernia mesh class action lawsuits that have been filed against the manufacturers along with the multidistrict litigation (MDL) procedures.

With the experienced team of attorneys, Bernstein, DeCailly & Marshall, PLLC have come together in order to help thousands of victims to help them get their rightful compensation after they have been affected by the defective drugs and devices. Visit http://bdmlawyers.com or dial 844-875-4747 to get a free and legal consultation from the experts. Find out whether you are entitled for the financial compensation.

All You Need To Know About Defective Product Lawyer

The product liability attorneys at any reputed firm should have the experience of holding manufacturers, sellers, distributors and marketers accountable for producing, selling and distributing dangerous products, and failing to warn consumers of the associated dangers.

Understanding product liability

Any company that designs, manufactures, sells, or distributes a dangerous medical product could potentially be held legally responsible if the product causes or contributes to a person’s undue injury, suffering or wrongful death. A defective product lawyer will help to fight against the companies and hold them strictly liable for being negligent in making this unreasonably dangerous device or drug and then put into reasonably anticipated use. That fundamentally means that the product had a risk of hurting someone even when used as expected and that the manufacturers didn't pay heed to the public health.

Liability can occur mainly from three different types of defects

•    Design flaws – Part of the design of the device or the drug is inherently dangerous (such as the IVC filter or hernia mesh that can easily break from its intended location and cause hazard)

•    Manufacturing flaws – The defect rising from a mistake during the product was being made (for example, there have been reports stating the transvaginal mesh being manufactured using substandard materials)

•    Marketing flaws – The manufacturing company failed to provide adequate warning of the risks linked with a product’s use (for example, how the drugs and devices were marketed using the various advertising gimmicks to prove they are effective)

Who is Responsible for a Defective Product?

Before you hire defective product lawyer, it is important to understand how the product liability cases involve the 'chain of distribution', that is the product’s manufacturer to the retailer everyone who puts their shelves for customers may potentially be liable for a defective, injury-causing product.

Manufacturer Liability: When the manufacturing of a defective medical device involves more than one maker, chances are both may be legally liable.

Retailer Liability: The retailer of the product might be hold responsible for selling defective product.

Wholesaler Liability: Between manufacturer and retailer, comes the wholesaler who can also be named as a defendant. It is more beneficial for victims to identify as many liable parties as possible to ensure at least one will be able to pay for the damage award.

Compensation in the lawsuits

While every case is unique, and the exact compensation can only be determined after investigating the entire link ups of the claim, any defective product lawyer would generally fight for the following:

•    Medical bills
•    Lost wages
•    Diminished earning capacity
•    Pain and suffering
•    Funeral expenses (in the case of a wrongful death case)

Class Actions

In many cases, class actions are the most resourceful way to pursue a defective product injury lawsuit. This is because a defective product which is widely distributed is probable to have resulted parallel injuries to many other victims. There are such existing cases with transvaginal meshes, IVC filters, hernia mesh implants and more.

If you or a loved one were injured by a defective or dangerous product, it is encouraged to get in touch with some experience attorneys who can help you fight against the companies. They will help you with the strategic counsel you need to recover financially after an injury from defective drug or device.