Medical Device Lawsuit in Raleigh, North Carolina
Why should you call Younce, Vtipil, Baznik & Banks, P.A., if you’ve been injured by a defective or dangerous medical device or implant? It’s simple: Because the company responsible for your injury doesn’t want you to!
The law firm you pick to handle your medical product lawsuit could make all the difference in the outcome. That’s why you need attorneys with experience handling complex personal injury claims – like the lawyers at Younce, Vtipil, Baznik & Banks, P.A., in Raleigh.
- Personalized Service – We offer victims of defective medical devices more than just deep legal knowledge and assertive representation. We also provide the kind of compassionate and personalized service that lets you know how important you are as an individual and how seriously we view our obligation to seek the best possible outcome on your behalf.
- Direct Access to Lawyers – When you work with the legal team at Younce, Vtipil, Baznik & Banks, P.A., you can expect to work directly with lawyers and support staff who are committed to delivering outstanding client service while fighting aggressively for your best interests.
- You Know What’s Happening – Our state-of-the-art case management system ensures that nothing is overlooked. We prioritize frequent client communication to keep you informed about your case throughout the time you work with us.
- Staff Stability – Most of our attorneys and staff members have been with the firm for a long time. That brings stability to your relationship with us, meaning you won’t have to get to know someone new each time you contact us.
- Let’s Talk – We are ready to listen closely as you describe your situation during a free consultation. Call us now to discuss your defective medical device claim with no obligations and no cost to you.
How Medical Devices and Implants Hurt People
When a medical device – such as a syringe, hip implant, pacemaker, or surgical instrument – injures someone, the courts must answer the questions:
- Was there something wrong with the product?
- Was there something wrong with how the product was used?
In finding the answer, two general theories of liability are applied: product liability and negligence. The first theory looks at what was wrong or defective in the medical device. The second looks at the performance of the medical personnel using the device. An experienced medical device lawyer at Younce, Vtipil, Baznik & Banks, P.A., can evaluate your injuries and determine if a defective medical implant or device caused them.
Issues with FDA Approval
The Food and Drug Administration (FDA) has exerted regulatory control over medical devices since 1976 when the Medical Device Amendments to the Food, Drug and Cosmetic Act were signed into law.
These amendments set up a system where devices were divided into three classes and seven categories. The classes are based on the amount of risk involved in the use of that product while the categories are defined as pre-market, post-market, substantially equivalent, implant, custom, investigational, and transitional. The amount of review that a device must undergo is determined by its class and category.
The focus of most litigation has been in the Class III, substantially equivalent category. A Class III medical device is defined as a device which demonstrates a potentially unreasonable risk of harm. “Substantially equivalent” means that a device was in use or existence prior to 1976 and is substantially equivalent to the device to be marketed today. The rationale is that if it has a history of safe use, then there is less need for stringent testing for the new device. This premarket clearance process is sometimes called the 501(k) process, in reference to the law that allows it.
Unfortunately, companies often try to push through “substantially equivalent” devices which have real differences from their predecessor, all in order to avoid the rigors of the approval process. Of course not all litigation has been in this class and category.
Recent Medical Device Litigation
Over the last several decades, litigation involving medical devices has included products such as:
- Medtronic’s pacemaker polyurethane-insulated leads
- TMJ jaw implants
- Breast implants
- Hip implants
- IVC filters
- Birth control implants (Mirena and Essure, for example)
- Transvaginal mesh
- Drug-coated stents
- Surgical scopes
- DaVinci and other surgical robots
- Bair hugger blankets
- Knee replacements
- Bone screws
- Heart valves
- Insulin pumps
Types of Compensation You Could Recover in a Defective Medical Device Lawsuit
All claims involving injuries from medical implants and devices are unique, and the total amount of compensation available depends on a number of factors, such as the severity of the injury, the amount of lost wages, the degree of suffering and many other issues. However, there are some general categories of damages that may be available in your case, such as:
- Pain and suffering
- Medical bills
- Lost income and reduced future earning capacity
- Emotional trauma
- Personal assistance in the home
- Assistive devices
- Wrongful death benefits if you lost a close relative due to a dangerous medical device
These are just a few examples of the kinds of compensation you could recover if you have a valid claim. To get a better idea about the specifics of your situation, talk to the experienced lawyers at Younce, Vtipil, Baznik & Banks, P.A. During the free consultation, they can review your claim and advise you about your legal options.
What Our Attorneys Can Do to Help with Your Medical Device Claim
Below are several examples of the many services our lawyers offer to people who have suffered serious injuries due to defective medical devices:
- We can consult with medical experts to thoroughly review your medical records and determine how the medical device failure caused your injury.
- We can work with medical and financial experts to establish the extent of your injuries and your future prognosis, as well as your injury’s effect on your ability to earn a living and the expenses you will incur because of any ongoing disability.
- We can handle all communications with the attorneys for the company or companies responsible for your injuries, as well as conducting assertive negotiations on your behalf.
- We can take care of all necessary filings and other actions with the courts related to your dangerous medical device claim, including making sure that all deadlines are met and all forms are properly completed.
- We can prepare a solid case for trial or a hearing if the other side simply refuses to make a reasonable settlement offer. While most of our client’s cases settle out of court, if it is in your best interest, we are ready, willing and able to take your case to trial.
Frequently Asked Questions
When a medical device (such as a syringe, hip implant, pacemaker, or surgical instrument) injures someone, the courts must answer the question “was there something wrong with the product” or “was there something wrong with how the product was used”? In finding the answer, two general theories of liability are applied: product liability and negligence. The first theory looks at what was wrong or defective in the medical device. The second looks at the performance of the medical personnel using the device. An experienced medical device lawyer, such as Younce, Vtipil, Baznik & Banks, P.A., can evaluate your injuries and determine if a defective medical device caused them. Contact us today.
Due to complex issues involved in drug and medical device claims, discussing your case with an attorney who is experienced in the area is the best way to ensure a thorough evaluation of your case. Contact Younce, Vtipil, Baznik & Banks, P.A., today to discuss your claim.
We Are Here When You Are Ready to Discuss Your Medical Device Injury
If you or a loved one has suffered from injuries related to a faulty or defective medical device, our Raleigh product liability lawyers want to help. With us fighting for you, you can focus on fighting to put your life back together.
Let’s get started. It costs you nothing to discuss your medical device case with an experienced attorney at Younce, Vtipil, Baznik & Banks, P.A. Call us now or contact us online for a free claim review and advice about your legal options.