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Have you suffered serious health issues related to a faulty medical device? Read these 4 ways to get ahead on your medical device case today. 1. Mistakes To Avoid After an Injury Claim One of the biggest mistakes people make with a medical device injury claim in Florida is not preserving the defective product, called an explant. When an implant is replaced, the explant, the old part, should be preserved as evidence because, many times, the explant will have evidence of the defect. Most times and many times, that explant is not preserved because of burial hazard issues and things of that nature, but at all costs, if you particularly think you have a medical device injury claim that you should preserve the old product and many hospitals and doctors would be willing to do that for you, but you have to ask in advance. Be sure to preserve the evidence. It’s very critical in these cases. 2. Recall Lawsuits If your medical device was recalled, that’s evidence that the device was defective, which can be used to support a claim of a defective medical device. It may depend, however, on the length of time the device has been in your body. Most microdevices have a life expectancy based on the state you live in at the time. If it’s somewhere between 10 and 15 years and the device has been implanted longer than that, then the fact it’s been recalled may not be relevant to support a claim; if it’s been less than that, then obviously, it will support a claim. The fact that the device has been recalled is strong evidence that the device is defective and therefore would support a claim for medical device. 3. Available Damages Florida allows compensation for multiple types of damages in medical device injury claims in Florida, such as what we call special damages, medical expenses, lost income, loss of ability to earn money, and things of that nature. That way you’ll have noneconomic damages as well that are compensable under Florida law to include pain and suffering, mental anguish, loss of capacity to enjoy life, disability and disfigurement. All of these different types of damages are put into the hopper, so to speak, when we evaluate those claims because the jury is free to award these damages when there’s proof of them in a medical device injury claim. 4. Case Going to Trial The vast majority of medical device injury claims in Florida settle because most of them are combined with other injury claims all over the country in what’s known as multidistrict litigation. Very few of those cases actually go to trial unless there’s going to be some test cases that might be tried early on to give the two sides a better idea as to how the jury or the public views these types of claims. The chance of your case going to trial is small but not impossible here in Florida. Have you suffered serious health issues related to a faulty medical device in Florida and have questions about these 4 ways to get ahead on your medical device case? Contact our experienced Southwest Florida medical device injury lawyers today for a free consultation and case evaluation. Like us on Facebook

Did you suffer a serious injury related to a faulty medical device? Read these 5 common questions about medical device injury, then call us! 1) How Much Does an Attorney Cost for a Medical Device Injury Claim in Southwest Florida? At our firm, we handle medical device injury claims on a contingency fee basis, meaning there are no out of pocket expenses or upfront costs to our client. Our firm advances all the costs in prosecuting the case, which can be substantial including the cost of engineers to testify and doctors. It is only in the event we make a recovery for our client that we get attorney fees, Secondly, that’s the only time that we are reimbursed our cost if we make recovery for our client. There’s no upfront out of pocket expenses to hire our law firm for a medical device injury claim. 2) How Long Will a Medical Device Injury Claim Take to Resolve? There’s no stated or standard amount of time that it takes for a medical device injury claim to resolve in Florida but because of the complexities of them and the fact that many times they end up in what’s known as multidistrict litigation and a central federal court somewhere in the country, they generally take anywhere from three to six years to resolve, but it could be less. Sometimes, the manufacturers will have programs set up to settle claims quicker. Either way, our firm is ready, willing, and able to handle these claims for you. 3) How Do I Determine the Value of a Medical Device Injury Claim? There are several ways that we evaluate medical device injury claims in Florida. We look at different factors that are involved in the case, from the amount of medical expenses incurred as a result of the defective device to the impact that the defective device has had on the individual, including their quality of life and earning capacity. All this and more go into the evaluation process. There is no magic formula and therefore we really listen closely to our clients when we evaluate these type of claims. 4) What Mistakes Do People Make that They Should Avoid If They Are Filing a Medical Device Injury Claim? One of the biggest mistakes people make with a medical device injury claim in Florida is not preserving the defective product, called an explant. When an implant is replaced, the explant, the old part, should be preserved as evidence because, many times, the explant will have evidence of the defect. Most times and many times, that explant is not preserved because of burial hazard issues and things of that nature, but at all costs, if you particularly think you have a medical device injury claim that you should preserve the old product and many hospitals and doctors would be willing to do that for you, but you have to ask in advance. Be sure to preserve the evidence. It’s very critical in these cases. 5) Do I Have a Lawsuit If My Medical Device that Was Implanted Is Recalled? If your medical device was recalled, that’s evidence that the device was defective, which can be used to support a claim of a defective medical device. It may depend, however, on the length of time the device has been in your body. Most microdevices have a life expectancy based on the state you live in at the time. If it’s somewhere between 10 and 15 years and the device has been implanted longer than that, then the fact it’s been recalled may not be relevant to support a claim; if it’s been less than that, then obviously, it will support a claim. The fact that the device has been recalled is strong evidence that the device is defective and therefore would support a claim for medical device. Have you suffered serious health issues related to a faulty medical device in Florida and have questions? After reading these 5 common questions about medical device injury, contact our experienced Southwest Florida medical device injury lawyers today for a free consultation and case evaluation. Like us on Facebook

If you’ve been hurt due to a medical device, watch this video about medical device injury case liability. Then, call our Florida attorneys. Question: Who is liable in a medical device injury claim in Southwest Florida? Answer: In Florida, with a defective product, any entity that places the product in the stream of commerce is liable for a medical defective device claim, that includes the manufacturer, distributor, retailer, which in many cases is the hospital where the procedure is done, and perhaps even the doctor if the doctor is being paid for the device that’s being implanted that turns out to be defective. It’s this whole stream of people that could be potentially liable and that’s one of the things we investigate when we handle medical device injury claims. Have you suffered serious health issues related to a faulty medical device in Florida and have questions about the medical device injury case liability? Contact our experienced Southwest Florida medical device injury lawyers today for a free consultation and case evaluation. Like us on Facebook

Did you get severely injured by a medical device and are seeking legal assistance? Don’t ruin your medical device injury case! Call us today. Selecting a Medical Device Injury Attorney The best way to pick a law firm or lawyer to handle your medical device claim is to look at their experience and whether or not they have the capabilities to process these claims. Medical device claims generally involve engineering issues because there’s a defective product and therefore the engineers must be brought on board to give opinions as to whether the product is actually defective. As such, it’s necessary to find a law firm like ours that has experience in handling medical device claims. Medical Device Injury Case Timeline There’s no stated or standard amount of time that it takes for a medical device injury claim to resolve in Florida but because of the complexities of them and the fact that many times they end up in what’s known as multidistrict litigation and a central federal court somewhere in the country, they generally take anywhere from three to six years to resolve, but it could be less. Sometimes, the manufacturers will have programs set up to settle claims quicker. Either way, our firm is ready, willing, and able to handle these claims for you. Medical Device Injury Case Value There are several ways that we evaluate medical device injury claims in Florida. We look at different factors that are involved in the case, from the amount of medical expenses incurred as a result of the defective device to the impact that the defective device has had on the individual, including their quality of life and earning capacity. All this and more go into the evaluation process. There is no magic formula and therefore we really listen closely to our clients when we evaluate these type of claims. Mistakes After a Medical Device Injury Claim One of the biggest mistakes people make with a medical device injury claim in Florida is not preserving the defective product, called an explant. When an implant is replaced, the explant, the old part, should be preserved as evidence because, many times, the explant will have evidence of the defect. Most times and many times, that explant is not preserved because of burial hazard issues and things of that nature, but at all costs, if you particularly think you have a medical device injury claim that you should preserve the old product and many hospitals and doctors would be willing to do that for you, but you have to ask in advance. Be sure to preserve the evidence. It’s very critical in these cases. Have you suffered serious health issues related to a faulty medical device in Florida and have questions about a medical device injury? Don’t ruin your medical device injury case! Contact our experienced Southwest Florida medical device injury lawyers today for a free consultation and case evaluation. Like us on Facebook