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.

Manufacturers Liable To Sue for Hernia Mesh Recall

The complication after hernia mesh surgery was a direct effect of careless mistakes by the manufacturers. There are big names involved when you talk about defective medical device, you must know the manufacturers and some of their products to align your case.

The hernia mesh complication cases have been increasing every year and the patients are desperate to find justice for their losses. In such cases, you must know the manufacturers responsible for distributing the defected products. It will help you in claiming the compensation with the help of hernia mesh lawsuit. Some of the defective products were marketed uninterrupted which led to countless cases of hernia mesh recall post-surgery like severe bleeding, adhesion, infection, migration, and chronic pain and so on.

Here are some of the manufacturers that are entitled to the compensation claim by countless victims.

1. Atrium

This manufacturer marketed the product called the C-Qur which created a major fuss in the medical industry. The super designed product came with a fatty coating which became the cause for various allergic reactions. The defective product was considered one of the major causes that delivered further injuries.

2. Davol

The product manufactured was called the ST mesh line and it came with reasonable coated lines which again were entitled to cause a lot of health complications. Victims faced long-term health damage and hence filed a compensation claim against the manufacturers.

3. Covedian

This manufacturer created a Medtronic line of mesh products with some of the sorts of manufacturing, designing or labeling errors that became the cause for severe health complications post-surgery.

4. C.R. Bard

This manufacturer introduced 3DMax and the defected medical device created multiple health issues. The post-surgery complication resulted in revival surgery which placed the patients at risk.

5. Ethicon

This manufacturer created a mesh device called the Physiomesh and it was responsible for numerous complications over the years. The production was stopped but some of the distributors supplied and marketed it instead. The carelessness from the side of distributors and marketers resulted in taking the lives of countless patients.

These manufacturers are highly responsible for hernia mesh recall. Numerous victims were injured and faced long-term health complications if you have been one of them and wanted justice for all your loss, then get in touch with Bernstein, DeCailly & Marshall, PLLC. You will get help from trained professionals and they will counsel the case in the best way possible. Your case will be scaled by skilled attorneys, take a look at their visit https://bdmlawyers.com or dial 844-875-4747 to have a conversation with trained lawyers.

Find the Right Defensive Product Lawyer

There are countless cases against defective medical products and victims have greatly suffered from the consequences. From getting into severe long-term health complications to losing lives, defective products changed the course of many lives. If you have been through any such issues and want defective product lawyers to know the eligibility details and others, then here is what a professional lawyer can take care of

Compensation a product liability lawyer can pursue

Every defective product cases have their authenticity and eligibility criteria. A professional lawyer can pursue your case for compensating for:

• Lost wages
• Compensation for diminished earning capacity
• Pain and suffering
• Medical bills and reports

A professional lawyer will stir the reasons and make sure you get compensated for the sufferings you have experienced. Get in touch with Bernstein, DeCailly & Marshall, PLLC for reliable support. Visit Bdmlawyers.com or dial 844-875-4747 to have a conversation with trained defective product lawyers.

Hernia Mesh Recall – what is it?

Hernia mesh surgery is one of the most frequently conducted surgical procedures in the world. In the United States alone, approximately 800,000 patients undergo the procedure to treat the discomforts caused by the condition.

Unfortunately, the hernia meshes have been responsible for causing multiple complications among a substantial number of patients. Each year, the FDA receives thousands of complaints regarding these items leading to public safety announcements and hernia mesh recall orders.

What is a device recall?

‘Recalling’ a medical product, according to the FDA, means pulling out a defective item from the market that can cause a potential health risk to an individual. Legally, the FDA can demand the manufacturing companies pull their defective products out of the market.

In recent years, the authority has announced several voluntary as well as involuntary recalls. Some cases, the orders are issued due to poor packing or storage errors. But sometimes, the FDA has issued these orders for serious complications like adhesion and mesh migration.

Some of the common complications associated with recalled meshes include:
 

• Chronic pain
• Hernia recurrence
• Adhesion
• Mesh migration
• Organ perforation
• Mesh shrinkage

Difference between market withdrawal and recall

According to the FDA rules and regulations, recall and withdrawal are completely different concepts. Withdrawal happens when the said product is not subjected by any lawsuit or legal action. In these circumstances, the companies can take the medical device out of the market to fix its issue. Later on, the company can re-launch the updated product.

Most corporations voluntarily withdraw their products from the market to avoid recall orders.

These brands have gone with hernia mesh recall after receiving repeated complaints regarding the quality of the product:

Name of Corporation	Name of the Product	Reason
Atrium Medical	C-QUR Edge Mesh	Faulty Packaging
Ethicon	1. Proceed Surgical Mesh, 2. Physiomesh Flexible Composite Mesh	Poor quality of laminate coating leading to the development of a fistula. Also, high failure rates.
Bard Davol	Bard Composix Kugel Mesh	Potential for causing fistula or bowel perforation.

 

Have you endured complications caused by these implants? Then, you should contact Bernstein, DeCailly & Marshall, PLLC. They can help you with getting you due to compensation. For more information, visit http://bdmlawyers.com or call 844-875-4747.

Medical Device Lawyers Can Help in Getting the Victims Justice

Medical complications after surgery or allergic reaction to a certain drug are some of the risks associated with any treatment procedure. It is a necessary evil, which everyone has to accept. However, multiple issues caused due to the negligence of a medical device manufacturer are completely unacceptable.

In these circumstances, the victims must reach out to the best medical device lawyer. Such attorneys can help the patients in getting justice and fighting the big pharmaceuticals.

What is a defective medical device attorney?

The medical device attorneys focus on pinpointing the errors in the surgical devices and how the pharmaceuticals are responsible for these issues. They try to prove the precise reason for their client’s injuries and how the manufacturers are responsible for causing the issues.

These attorneys can fight lawsuits against defective medical implants like polypropylene hernia meshes, drug-coated stents, pacemakers or Guidant defibrillators, and so on. Such lawyers help their clients by placing the claims required to cover medical expenses, emotional trauma, or other complications.

Why victims need them?

The best medical device lawyer helps the victims in understanding the case better and taking the required step (case wise) accordingly. These attorneys decipher the legal codes, bylaws, and state regulations so that the victims can get justice. Also, the deep understanding of the legal loopholes has proved beneficial for the patients in getting out of the tricky situation and getting respectable compensation.

Are you a victim of such faulty medical equipment? Then the experienced lawyers of Bernstein, DeCailly & Marshall, PLLC can help you in getting justice. For more information, visit http://bdmlawyers.com or call 844-875-4747.

Lawyer Advises Liability Claimants to Reconsider Their Social Media Presence

Social media is a powerful tool that connects people. The community of followers and friends on this platform helps the people in going through difficult phases in life. However, as an experienced defective product lawyer points out, the product liability plaintiffs should refrain from posting their issues on social media.

The attorney agrees that sharing their issues and problems on the social media platform come naturally victims of the product. But it is not advisable. A simple post on these websites could jeopardize the lawsuit, and turn the trail in their disfavor.

In an ideal situation, the plaintiffs should for the time being disable their online profiles. But, if that is not possible, then the following pointers could help:

1. Responding to new requests

Victims should refrain from accepting a friend request from strangers. In worst-case scenarios, these people might be working with respondents and are trying to gather information. Additionally, reviewing the existing followers and friends on the list is recommended.

2. Update the settings

The plaintiffs should update their privacy settings making the profile accessible to only trusted friends. It saves the profile from being monitored by unwanted personals.

3. Avoid posting update relating to the lawsuit online

Posting about the case or sharing relating information online makes the victim vulnerable to twisting and distortion of facts. It is advisable to stop posting about the personal life until the verdict regarding the case has been declared.

Are you planning on filing a product liability case? Then, a defective product lawyer from Bernstein, DeCailly & Marshall, PLLC could help your case. For more information, visit http://bdmlawyers.com or call 844-875-4747.

Hernia meshes, Lawsuit, and Recall – A cycle of awareness

Hernia repair procedures are one of the most frequently conducted surgeries in the USA. But, many victims have endured multiple complications owing to this device. The blog focuses on spreading awareness on the issue and helping potential patients in taking an informed decision.

Hernia meshes have been known to cause complications among a huge percentage of patients. The Food and Drug Administration (FDA) has issued orders for hernia mesh recall to ensure patient safety. Unsterilized manufacturing and faulty design are the main reasons why the implant has been called back.

The hernia, a small bulge in the abdomen wall caused by protruding tissues of the intestine, has been one of the most commonly reported disorders in the United States today. According to FDA, each year close to 800,000 hernia repair procedures are conducted to fix the complications associated with the disorder.

Why recall orders are issued?

As per the FDA, the medical product can be recalled from the market if it poses serious complications to the patients. Apart from that, packing errors or misleading promotional activities can also lead to a product recall.

In regards to hernia meshes, the organization has issued multiple safety communications to big corporations since 2014. The communication was issued based on the following complications:

•    Pain
•    Hernia recurrence
•    Organ perforation
•    Adhesion
•    Development of Infection

Some of the pharmaceuticals slapped with safety warnings from the FDA include:

1.    C.R. Bard
2.    Ethicon (a subsidiary of Johnson & Johnson)
3.    Atrium Medical

Lawsuits and settlements

Patients, suffering from the injuries caused by the hernia meshes, are suing the manufacturers of the polypropylene meshes for manufacturing, distributing, and selling a faulty product. According to them, the pharmaceuticals deliberately hid the facts regarding the safety and effectiveness of the product. Moreover, polypropylene (a product unfit for human usage) was used in these meshes.

A handful of pharmaceuticals have been facing multidistrict litigations, where the plaintiffs are demanding a huge amount of money as compensation.

Awareness among potential victims

The reports on mesh complications and hernia mesh recall have helped several patients in taking an informed decision. People are looking for options, have started questioning the effectiveness of the product, and are now more aware of its implications.

Are you a victim of a called-off mesh and suffering from the complications of the implant? Then, Bernstein, DeCailly & Marshall, PLLC can help you in getting justice. Their no-cost consultation policy and experience over the area makes them the most suitable match for your case. Visit https://bdmlawyers.com or call 844-875-4747, for more information.

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.