Defective Medical Device & Drug Lawyers
When a medical device proves to be defective due to flawed design, insufficient testing, or faulty research, the patient is the one who suffers. The Nashville defective medical device lawyers at DRS Law understand the unique complications and difficulties that arise from a defective medical device lawsuit. We are ready to help you navigate your claim. We have the experience to successfully handle your defective medical device lawsuit.
Current Defective Product Investigations:
Allergan Textured Breast Implants
Women across the country are suing Allergan, the manufacturer of textured breast implants. The litigation alleges that Allergan’s textured implants can cause BIA-ALCL, a type of lymphoma, in unsuspecting patients. There have been hundreds of reported cases of BIA-ALCL worldwide, and 34 known fatalities caused by the disease.
BIA-ALCL stands for “breast implant associated anaplastic large cell lymphoma”, a disease that sometimes develops in women who have breast implants. BIA-ALCL lawsuits are on the rise, with injured victims alleging that they had no warning of the dangers and risks of the breast implants.
Nashville products liability lawyer David Randolph Smith is a member of the plaintiffs’ steering committee for the Allergan lawsuits. Mr. Smith has played a significant role in advancing this litigation, including, most notably, providing key insight into a theory that the Allergan breast implants are negligently manufactured.
Mr. Smith’s complaint against Allergan on behalf of Mr. Calvin Parr, whose wife tragically died from BIA-ALCL, was the subject of a feature article in Fortune magazine.
Elmiron
Elmiron is a medication that is commonly prescribed to treat interstitial cystitis, a chronic bladder condition that causes pain and discomfort. However, recent studies have linked Elmiron to a potential risk of vision problems, including maculopathy and retinopathy.
Elmiron lawsuits allege that the manufacturer of the medication, Janssen Pharmaceuticals, failed to adequately warn patients and healthcare providers about the potential risk of vision problems associated with the drug. Plaintiffs in these cases may seek compensation for medical expenses, lost wages, pain and suffering, and other damages related to their injuries.
Hair Relaxers / Chemical Hair Straighteners
As we explain in this Youtube video, there is new evidence that chemical hair straighteners may cause reproductive cancers, including uterine cancer, endometrial cancer, and ovarian cancer. Given this connection, women who have devleoped cancer after using hair relaxers have begun filing lawsuits against the manufacturers of these defective products. Click here to read more about the chemical hair straightener / hair relaxer product liability litigation.
Paragard
Paragard is the brand name of a contraceptive intrauterine device (IUD). It is a copper-wrapped plastic device that intercepts sperm movement, preventing egg fertilization and pregnancy. There are currently Paragard lawsuits across the country claiming that the IUD is prone to breakage during removal, leading to painful fragmentation, migration, and potential infection.
Paraquat
Paraquat is an herbicide (plant killer) used to kill weeds and grasses in commercial agriculture. Growers use it on crops such as corn, soybeans, wheat, cotton, grapes and alfalfa. Paraquat lawsuits are a kind of products liability litigation in which the manufacturers were allegedly required to instruct (warn) applicators (generally farmers) of steps and precautions necessary to prevent human exposure to the toxic substance.
Defective Medical Devices Can Cause Serious Injuries to Patients
Even though FDA approval is required before a manufacturer can advertise a medical device to the public, many medical devices are brought to market in a defective condition. In some cases, internal testing procedures failed to account for the situations in which the device would be exposed after implementation. In other cases, a medical device ends up getting fast-tracked through the FDA’s 510(k) approval process based on its relative similarity to a product already on the market.
Regardless of how a dangerous medical product makes it to market, the impact of a defective medical device on a patient can be devastating, leading to serious injury, death, or long-term disability.
The experienced product liability lawyers at DRS Law are known for handling complex cases involving defective medical devices and drugs. For over 30 years, our founding attorney, David Randolph Smith, has helped plaintiffs, primarily in Nashville, hold powerful medical device and drug companies for manufacturing defective products. Currently, we are handling the following defective medical device cases:
Establishing Liability for a Medical Device Defect
Unlike typical personal injury claims, liability in defective medical device cases is often based on strict liability. Under strict liability principles, a manufacturer may be held responsible for injuries caused by a defective product when they left the manufacturer’s control. In other words, the plaintiff does not need to show that the defect resulted from the manufacturer’s negligence.
Generally speaking, there are three ways in which a product may be defective. The product may arise from a design defect, a unique defect that occurred during the product’s manufacturing process, or a marketing defect in which the defendant failed to warn of possible dangers and side effects.
If your defective product claim is successful, you should be able to recover economic losses, such as your medical expenses or lost work wages, as well as non-economic damages for your physical pain and permanent impairments.
Since defective medical devices are complex, and Tennessee requires most civil cases to be filed within one year, it is imperative that you take action quickly. The knowledgeable and compassionate defective medical device lawyers at DRS Law stand ready to help you with your case.
Previous Defective Medical Device and Drug Lawsuits
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Understanding Your Defective Medical Device or Drug Claim
According to a recent market forecast, the medical device industry is currently worth over $400 billion and is growing quickly. The fast-expanding market for medical devices means that new products are released into the hands of healthcare providers almost every day. Many of these products are thoroughly researched and tested before they are given to patients—but many are not.
There are several types of potential defects in medical devices, including flawed design, faulty manufacture, purposefully concealed hazards, and unknown side effects. These defects may cause serious harm, permanent injury, or even death to the patients who rely on such devices.
It is often difficult for a patient to know whether the injuries caused by a defect will support a medical device lawsuit. The viability of a medical device lawsuit depends on a variety of factors, including the injury type, the extent of the injury, how the device caused the injury, and the patient’s medical condition at the time the device was used. To learn more about the viability of your medical device claim, call the experienced Nashville defective medical device and product liability lawsuit attorneys at DRS Law.
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