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Miami Defective Medical Device Lawyer
Medical devices can improve your quality of life, help you manage chronic conditions, and even save your life in some circumstances. But when these devices fail, they can cause harm far worse than the original ailment they were supposed to alleviate. If you have suffered preventable harm due to a defective medical device, you could be entitled to compensation for your losses — and a Miami lawyer can help you get it.
At Gregg M. Goldfarb, LLP, we partner with premier law firms that handle defective medical device cases. With 30 years of legal experience, Gregg Goldfarb is committed to helping you through the legal system and demanding the compensation and justice you deserve.
Contact Gregg today to learn how we can help you get your life back on track in a free initial consultation session.
What Are Common and Recent Types of Defective Medical Devices?
In the rapidly evolving world of medical technology, devices like hernia meshes and pacemakers have offered groundbreaking solutions for myriad health issues. However, the promise of improved health and quality of life can turn into a nightmare when a device or product is defective. The following are the more common and recent ones.
Hernia Meshes
One common defect in hernia meshes is material degradation, where the mesh breaks down over time and fails to provide the intended support. This breakdown can result in a recurrence of the hernia. Additionally, some meshes adhere to the intestines or other internal organs, causing severe pain and potentially requiring surgical intervention. Another risk is migration, where the mesh moves from its original location, leading to complications like bowel obstruction or perforation.
Transvaginal Meshes
Defective transvaginal meshes can erode through vaginal tissues, often requiring additional surgeries to remove or replace the mesh. Furthermore, there are cases where the mesh punctures or perforates surrounding organs, leading to internal bleeding or infection. Infections, whether due to poor material quality or surgical complications, can have severe consequences and lead to additional health problems.
Philips CPAP, BiPAP, and Ventilator Devices
A range of Philips’ sleep and respiratory care devices like CPAPs, BiPAPs, and ventilators have faced recalls due to defects such as sound abatement foam issues. In some devices, this foam can degrade, and particles can enter the device’s air pathway, posing potential health risks to users. Additionally, some users have reported electrical faults, which compromise the safety and effectiveness of these devices.
Metal Hip Replacements
Patients with metal hip replacements have experienced numerous issues with potentially severe medical consequences. One example is metallosis, where metal particles from the hip replacement enter the bloodstream and cause metal poisoning. This condition requires prompt medical treatment and could necessitate the removal of the device. Another common issue is loosening or dislocation of the device over time, causing pain and requiring revision surgery to fix or replace the implant.
IVC Filters
Common defects in inferior vena cava (IVC) filters include fractures and perforations. Fractures occur when parts break off of the filter and migrate to other areas of the body, posing a significant risk of embolism. Some defective IVC filters even perforate the inferior vena cava, leading to internal bleeding and other life-threatening complications. Both issues usually require emergency intervention and possibly surgical removal of the device.
MiniMed Insulin Pumps
Some MiniMed insulin pumps have had reported defects that directly affect diabetes management. One common malfunction involves dosage errors, where software or hardware issues lead to the wrong dosage of insulin being delivered. Such errors can have serious, immediate health repercussions for diabetic patients. Other problems include battery issues and retainer ring failures. If these components fail, the devices can become unusable, causing disruptions in insulin delivery.
Pacemakers
Pacemakers are critical for regulating heart rhythms in some patients, but they, too, can develop dangerous defects. Battery depletion is a particularly concerning issue. If the battery depletes earlier than expected, the device can stop functioning, putting the patient at risk of heart failure. Software glitches also occur in some defective pacemakers, causing irregular heart rhythms, inappropriate shocks, or other complications that endanger patient health.
What Are the Consequences and Injuries from Dangerous Medical Devices?
Defective medical devices can cause a wide range of injuries and long-term health consequences, affecting both physical and emotional well-being. The repercussions of the following conditions can be immediate or delayed and could require extensive medical treatment and lifestyle adjustments:
- Infection or sepsis
- Internal bleeding
- Organ perforation
- Surgical site complications
- Blood clots
- Nerve damage
- Tissue erosion
- Device migration
- Embolism
- Skin irritation or rashes
- Severe pain or discomfort
- Allergic reactions
- Metal poisoning (metallosis)
- Bone fractures
- Device loosening or dislocation
- Fertility issues
- Incorrect drug delivery
- Scarring or disfigurement
- Hormonal imbalances
- Cardiovascular problems
- Respiratory distress
- Elevated risk of stroke
- Device malfunction-induced shocks
- Electrocutions or electrical burns
- Hearing or vision loss
- Cognitive impairments
- Mental and emotional stress
- Reduced quality of life
What Is the Statute of Limitations for Defective Medical Devices in Miami?
You have two years from the date you discovered or reasonably should have discovered the injury to file most defective medical device injury lawsuits in Florida. If you fail to file within the appropriate time limit, you could forfeit your right to pursue compensation. In some cases, the filing window could be even shorter, so consulting a legal professional as soon as possible is essential.
A defective medical device lawyer can help you gather evidence, identify liable parties, and file the necessary documents well within the deadline set by Florida law. They can also guide you through any specific rules or exceptions that apply to your case, safeguarding your right to recover.
How Can a Miami Attorney Help with a Medical Device Claim?
From the early stages of gathering evidence to the complexities of court representation, here are some key ways a Miami medical device defect lawyer can help:
- Conducting an independent investigation into the origins of the medical device defect
- Calculating the full value of your losses, including lost income and future medical expenses
- Identifying all potentially liable parties and understanding their respective roles in your case
- Locating, gathering, and preserving useful evidence to support your claim
- Consulting medical experts to establish a link between the device and your injuries
- Reviewing your medical records to identify possible inconsistencies or malpractice
- Communicating and negotiating with manufacturers or other liable parties on your behalf
- Evaluating settlement offers to ensure they meet your current and future medical needs
- Litigating your case in court and representing you at trial if settlement negotiations fail
- Collaborating with other plaintiffs for class-action lawsuits, if applicable
Contact a Defective Medical Device Lawyer in Miami Today
Living with the consequences of a defective medical device can be physically and emotionally draining, but you don’t have to go through this alone. Let Gregg Goldfarb leverage his extensive network to connect you with legal professionals who can help. Reach out today for a free initial case review with a Miami defective medical device attorney. Hablamos español.