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Category: Defective Products

Whom to Sue in a Product Liability Case Involving a Medical Device

In medical device product liability claims, a key component to any claim is the defendant. Naming the wrong defendant (one who is not actually liable for your injuries), though your injuries may be due to neglect on someone’s part, will result in that claim being denied.

It’s important to understand the different members of the “chain of distribution” for the defective medical device and who among them may or may not be liable for your injuries before you file your personal injury claim.

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Product Liability Claims – Medical Devices

Every day medical professionals employ the use of medical devices to treat patients in some way. From defibrillators to to arterial stents, it is not uncommon for these devices to suffer failure and cause injuries. When this happens, it is very possible that these injuries can lead to product liability claims.

What is a “medical device” in this sense? Virtually any device used by medical professionals in the treatment of illness, injury or disability. In recent years, medical devices causing injury have come to the forefront with personal injury class action lawsuits being filed against manufacturers of the following medical devices:

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Defective Products – Failure to Warn

Winning a successful defective products claim can be very complex when the defect is not necessarily in the design or the production of the product in question, but in the marketing and promotion of the item.

The fact is that some products are inherently dangerous. Chainsaws, electric heaters and many painkillers are in and of themselves very dangerous products sold in the retail space every day, but if the manufacturer does not take ample steps to ensure that the consumer is made aware of their inherent dangers, they and other arms of the distribution chain could be on the hook for defective products personal injury damages.

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Defective Products – Manufacturing Defects

When defective products cause injury the injured party is often entitled to compensation from the responsible party. Whether that responsible party is the manufacturer, or the distributor, the seller or the marketing company that promoted its use, the fact is there is a responsibility on the part of anyone in the chain of distribution for commercial products to protect the consumer public where necessary.

If you have been injured by a defective product, it is very important that you personal injury claim be based on the appropriate legal theory. If not, while you may be entitled to compensation, you may have a great bit of difficulty in recovering it.

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Defective Products – Defective Design

Defective products claims are often difficult to pursue when you don’t understand the legal theories defective products liability is based on.

In this post, we discuss the second of three distinct legal theories upon which defective products claims are based. A defect in a product’s design, can often cause great harm because of the wide distribution of many products on the market today.

This kind of defective products liability often leads to the many class action lawsuits, we hear about every day. When a medication, for example, is produced and sold without a clear understanding of its longterm effects, injuries may result that could lead to a personal injury claim based on a defect in a product’s design.

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