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Chicago Personal Injury Lawyer | Panio Law Offices

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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Personal Injury Damages in Brain Injury Cases

The Centers for Disease Control and Prevention (CDC) reports that 1.4 million people in the United States suffer head or brain trauma annually.  If you or a loved one has suffered a traumatic brain injury as a result of an accident, you need to understand your rights to compensation under personal injury law. This post outlines the steps you will want to take if legal action is what you seek.

The first thing anyone suffering traumatic brain injury should do is seek immediate medial care. Only a qualified physician can tell you if your injuries are serious enough to warrant treatment as many serious brain injuries do not accompany visible symptoms.

If you are seeking compensation for your injuries, the you should also contact an experienced personal injury attorney like the accident lawyers of Panio Law Office in Chicago, who specialize in brain injury litigation. The complexity of brain injury cases surround questions of liability and medical diagnosis. So it is important to speak with an attorney who can help sort out all of the issues in your case, help to identify the individual or entity potentially responsible for your injuries as well as qualified physicians who can help establish the depth of your injuries and likelihood of causal elements in your case.

Brain injuries can result from slip and falls, car accidents, workplace injury, sports and violent assault. In most cases, the legal theory that will serve as the basis of your case is neglect. Proving negligence (and resulting injury) is then the focus of your attorney’s case. It is often imperative that the aid of expert medical testimony be a vital part of that effort.

Other factors pivotal to the success of any negligence-based brain injury claim include proving:

  • the defendant owed the plaintiff a “duty of care” (or that the defendant had a responsibility toward the plaintiff to ensure a level of safety or care).
  • the defendant failed to act with reasonable care toward the plaintiff.
  • that failure was the cause of the plaintiff’s; and
  • that the plaintiff’s injuries or losses are measurable under the law


Needless to say, that can be a difficult battle, particularly if the defendant has considerable legal resources at their disposal.

The attorneys of Panio Law Offices in Chicago offer a wealth of experience in litigating brain injury cases. We understand the difficulty in proving brain trauma in some cases. We work hard to collect evidence about the nature of your injury and the accident that caused it to help prove your case.

If you would like to speak with a personal injury attorney about filing a personal injury claim, call our offices at 888.799.7561. We will work hard to ensure you receive the highest level of damages to which you are entitled, helping you get back to living your life.

Brain Injury Basics

The Centers for Disease Control and Prevention (CDC) reports that 1.4 million Americans fall victim to brain injury each year. These injuries can result from something as benign as a tumble on the sky slopes to a car accident. Many times the damage from brain injuries can be difficult to discover. Even “mild” brain injuries (often misdiagnosed or missed) are still brain injuries. It’s important to understand the symptoms and signs of brain injury and the different kinds of brain injury people suffer.

Brain injury refers to physical trauma to the head and/or brain. A severe shake, or strike to the head, penetration, bump or even damage caused by chemical intake or restricted blood flow can all result in traumatic brain injury. From mild to severe, and with symptoms as subtle as can be, brain injuries aren’t restricted to those involved in major accidents. Some causes include slipping and falling, contact sports like football, non-contact sports like biking and assault.

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Nursing Home Physical Abuse

Nursing home abuse is, unfortunately, a fact of life for many of the nearly two million people over the age of 65 who currently reside in one of the more than 16,000 nursing homes in the United States (according to Centers for Disease Control and Prevention estimates).

If you or a loved one resides in a nursing home, it is vitally important that you understand the many ways in which one may be vulnerable to physical abuse in a nursing home setting. Of course, nursing home abuse can take many forms. Physical, sexual, emotional and financial abuses are found in nursing homes across the US every day. The focus of this post will be the forms of physical abuse residents may encounter in these settings and some of the warning signs that they may be occurring.

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