Kentucky Defective Medical Device Lawyers

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Kentucky Defective Medical Device Lawyers

Accomplished representation when medical devices injure Kentucky patients

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Many medical devices help save lives. Unfortunately, some prove to be unsafe for use. The Federal Drug Administration (FDA) has the authority to approve, regulate, monitor, and recall medical devices. Medical devices include diagnostic, therapeutic, monitoring, implants, digital health, artificial intelligence, and robotic devices. At Crandall & Pera Law, our product liability and personal injury lawyers hold manufacturers accountable when their devices are defective and the defects cause injuries, illnesses, or fatalities. Our Kentucky medical device lawyers demand compensation for all your financial damages, including medical bills, and your personal damages, including pain and suffering.

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What role does the FDA have in regulating and monitoring medical devices?

The FDA, through its Center for Devices and Radiological Health (CDRH) Department, approves many different types of medical devices. These devices, according to Open Medscience, include:

  • Simple d Bandages, thermometers, and stethoscopes.
  • Intermediate d Hearing aids, blood glucose meters, and nebulizers.
  • Complex d Pacemakers, MRI scanners, and robotic surgical systems.

Open Medscience has a more complete list of medical devices that you can review. The FDA has its own database of medical devices.

The FDA classifies medical devices into three classes: I, II, and III. These class determinations affect the approval requirements.

Some medical devices that have been subject to FDA recalls or product liability claims include:

  • Implant devices such as bone graft implants, knee replacements, metal-on-metal hip replacements, and defibrillators,
  • Surgical instruments
  • Prosthetics
  • Diagnostic tools such as MRIs and CT scanners
  • Artificial heart valves
  • Hernia mesh
  • IVC filters
  • Insulin pumps
  • Ventilators
  • Drug-coated stents
  • Dialysis machines
  • Contraceptive devices
  • CPAP machines
  • Many other defective medical devices

When are medical devices defective?

Our Kentucky medical device lawyers work with product safety experts and other professionals to show why medical devices are defective. General defects include defective design, defective construction, failure to warn of dangers, and faulty instructions.

What types of claims can I file in Kentucky if a medical device is defective?

At Crandall & Pera Law, we hold medical device manufacturers accountable when their products harm or cause the death of patients. Our Kentucky medical device lawyers file the following types of claims:

  • Strict liability. Manufacturers can be held liable if their medical devices are defective and the defects cause harm to a patient or the death of a patient. Medical devices can be defective in several ways, such as:
    • Defective designs. Medical devices may be defective because the developers failed to design their products properly before selling them.
    • Defective manufacture. Medical devices may be defective due to manufacturing or construction errors, problems in shipping, or defects that occur before usage.
    • Defective marketing. These defects include the failure to provide appropriate warnings or clear and accurate instructions.
  • Breach of warranty. Manufacturers can be liable for their products if they fail to comply with any express or implied warranties about their quality.
  • Manufacturers may be liable if they fail to test their products, fail to comply with standard manufacturing practices, and for other reasons.

Our Kentucky medical device lawyers generally file personal injury and wrongful death claims against the manufacturers of the devices. We may also file medical malpractice claims against hospitals and physicians who use medical devices in violation of any recalls, without following the manufacturer’s instructions, without explaining the risks and side effects to patients, without obtaining informed consent, and for other reasons.

Distributors and retail sellers of medical devices may also be liable.

Injury Attorneys

What types of injuries do defective medical devices cause in Kentucky?

Some of the injuries that patients suffer due to medical devices include:

  • Pain
  • Infections
  • Rejection of the medical device
  • Tissue and/or organ damage
  • Failure of the device to treat an underlying medical condition
  • Allergic reactions
  • Toxic exposures
  • A delayed diagnosis or a misdiagnosis
  • Bleeding
  • Fatalities

How do you advocate for defective medical device victims in Kentucky?

Our lawyers investigate whether there were any FDA or manufacturer recalls of your device. We work with medical device experts who can explain if your device is defective, the type of defect, and what harm the defect is likely to cause.

At Crandall & Pera Law, we question everyone involved in the design, manufacture, distribution, marketing, and use of the defective medical device. We also examine all relevant documents, including safety protocols and any prior complaints about the safety of the device.

Our lawyers prepare detailed demand letters explaining to insurance companies why their clients should be held liable and the value of your claim. We work to negotiate a fair and just settlement. If there is no settlement, we are always ready to argue your case in court before a jury.

The value of my claim

At Crandall & Pera Law, we work with your physicians and our network of doctors to verify the harm your medical device caused you; the type of corrective or alternative treatments you need and the cost of those treatments; and every way the harm is affecting your ability to function, work, and enjoy life.

Our Kentucky defective medical device lawyers demand compensation for all your personal and financial damages so far and in the future for your:

  • Medical expenses
  • Pain and suffering
  • Loss of income
  • Scarring and disfigurement
  • Loss of bodily function
  • Inability to enjoy life’s pleasures
  • Loss of consortium (marital enjoyment)

Do you have a Kentucky defective medical device lawyer near me?

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Yes. At Crandall & Pera Law, we meet clients at our Lexington, Kentucky, office located at 201 E Main St., Suite 530. If you cannot come to our office due to your injuries or illnesses, we can come to your home or a healthcare facility near your home. We also review cases by phone and through online discussions.

We’re here to answer all your questions and guide you clearly through each step of the claims process.

Get help from our experienced Kentucky defective medical device attorneys today

Our lawyers understand how angry and anxious you are. Medical devices should help you, not hurt you. Manufacturers deserve to be held accountable when they put their profits before your safety. At Crandall & Pera Law, we’ve helped numerous patients and families obtain strong recoveries when medical injuries occur. Please call us or complete our contact form to schedule a free consultation. We handle defective medical device cases on a contingency fee basis.