Have you been injured or have you suffered the wrongful death of a loved one because of a defective medical device in Atlanta, Georgia? Call The Moses Firm at (404) 721-1050 today for a free consultation with an Atlanta defective medical device lawyer.
You could have a legitimate legal claim for damages against the medical device manufacturer. Defective medical device cases can be intimidating, especially when they involve large companies and complex medical evidence. Working with our team can help you pursue the compensation you deserve while focusing on your recovery.
Why Choose The Moses Firm if You’ve Been Injured Because of a Defective Medical Device in Atlanta, GA
When you have one opportunity to stand up to a medical device manufacturer, it’s important to make the most of it. It’s why victims of serious injuries and devastating losses turn to The Moses Firm.
Our Atlanta medical malpractice attorneys are award-winning litigators with an unmatched record of success. Here’s why you can trust us:
- Led by a team of attorneys whose collective experience spans over 50 years, we level the playing field against powerful pharmaceutical companies, medical device manufacturers, and healthcare providers and win life-changing financial awards for our severely injured clients.
- We’ve won hundreds of millions in damages. Now, we’re ready to make a difference in your fight for compensation when you’ve been harmed by a defective medical device, too.
- Members of our team have been selected for inclusion in Super Lawyers Top 100, The National Trial Lawyers Top 100, Avvo Top Medical Malpractice Attorneys, and as Members of the American Association for Justice.
The medical device manufacturer won’t have your best interests at heart. Neither will the doctor who convinced you to use the device nor the hospital where you were treated. However, you will be able to count on us to do everything within our considerable power to fight for you at every turn.
Contact our Atlanta, GA, law office today to learn more. Members of our legal team are always available to answer your questions and schedule a time for your free consultation.
Defective Medical Devices and Patient Safety
Medical devices are intended to help patients deal with everything from acute injuries and chronic disease to traumatic events. While they’re made with good intentions, they’re not always made with the utmost care. Every year, the FDA receives over 2 million reports of adverse health events, injuries, and deaths related to medical devices.
Unlike medications, which are subject to strict testing and licensing requirements, medical devices can make it onto the market as long as they’re closely related to another existing product. The FDA still requires thorough testing, but much is often conducted after the devices have already found their way into patients.
As a result, it’s patients who use these medical devices who tend to learn about adverse health events, side effects, and related medical issues.
Representing Clients in Cases Involving All Types of Defective Medical Devices
At The Moses Firm, we’re proud to fight on behalf of these clients every day in cases involving:
- Joint replacements
- Pacemakers
- Defibrillators
- Insulin pumps
- Stents
- Breast implants
- IVC filters
- Hernia mesh
- Prosthetics
- CPAP machines
- Infusion ports
- Birth control devices
If you or someone you love has been harmed because of a defective medical device in Atlanta, it’s important to speak with an attorney who has experience handling similar cases, relationships with respected medical specialists and experts, and a comprehensive knowledge of the laws and procedures that will impact your case from start to finish.
What Do I Have To Prove To Win a Defective Medical Device Lawsuit?
Lawsuits related to defective medical devices are often based on (a) product liability law or (b) medical malpractice.
If you file a lawsuit against the medical device manufacturer, you’ll typically have to prove:
- The company designed, made, or marketed a medical device
- The medical device suffered from a design defect, a manufacturing defect, or a marketing defect
- The defect caused the medical device to be unreasonably unsafe
- You suffered injuries or the wrongful death of a loved one because of the defect, and
- You’ve suffered damages.
You may be able to argue that a device was unreasonably unsafe, such as a hernia mesh coated with toxic chemicals or an IVC filter prone to fracturing or migration. If the defect caused harm, the manufacturer may be held strictly liable. In some cases, a medical malpractice claim may also be possible if a doctor or hospital failed to meet the applicable standard of care.
How Much Is My Defective Medical Device Claim Worth?
Since every individual who receives a defective medical device has a different experience, the compensation they can recover through a personal injury lawsuit can vary as well. Important factors that can affect the value of your claim include:
- What types of injuries or adverse health events did you suffer because of the medical device?
- How has your quality of life changed since you were injured by the medical device?
- Will you suffer from a permanent disability or impairment?
- Can you still work in the same capacity?
- Will you require long-term medical care, rehabilitation, or nursing assistance?
- How old are you?
- Have the adverse effects of the device reduced your quality of life?
The more your life changes for the worse because of the medical device you were prescribed, the more compensation you potentially recover through a related legal claim. Your claim’s value can be exponentially higher if there’s proof that the medical device company knew its equipment was unsafe and offered it to you anyway, or that it concealed results from safety tests.
What Damages Can Be Awarded to Recipients of Dangerous Medical Devices in Atlanta?
As the plaintiff in a defective medical device lawsuit in Atlanta, you’ll have the ability to seek compensatory damages from the manufacturer, your doctor, the hospital system where you were treated, and other liable parties.
Compensatory damages can often include economic awards and non-economic awards for:
- Current medical bills
- Future medical expenses
- Lost wages
- Short-term and/or long-term disability
- Reduced earning capacity
- Out-of-pocket expenses
- Nursing care
- Rehabilitation
- Emotional distress
- Post-traumatic stress disorder
- Loss of consortium
- Chronic pain
- Pain and suffering
- Disfigurement and scarring
Punitive damages can be awarded by a Georgia jury if there’s clear and convincing evidence of malicious conduct, fraud, or gross negligence.
What Does It Cost To Hire a Defective Medical Device Attorney in Atlanta?
Don’t stress about the potential costs of asking for help if you’ve been harmed by an unreasonably unsafe medical device. The Moses Firm will handle your case on a contingency fee basis.
There’s no cost to hire our defective medical device attorneys in Atlanta, GA, until we’ve won compensation for you. When we win, our fees are paid out of the substantial settlement or jury award we obtain on your behalf.
If we don’t win money for you, we don’t get paid. It’s that simple.
What Is the Statute of Limitations on Defective Medical Device Lawsuits in Georgia?
Under Georgia law, most personal injury lawsuits – including those related to defective medical devices – are subject to a two-year statute of limitations.
The statute of limitations can potentially be tolled, or put on hold, if there’s some delay in diagnosing an injury. However, a 10-year statute of repose applies to product liability lawsuits. This can give you up to 10 years from the date a medical device is first sold to seek damages for related injuries.
You lose the right to demand compensation once the statute of limitations runs out. So, it’s important to take prompt action once you learn that your medical device has caused an injury.
Schedule a Free Consultation With an Experienced Atlanta Defective Medical Device Lawyer
If you’ve been harmed because of an unreasonably unsafe medical device in Atlanta, Georgia, call The Moses Firm. Our award-winning Atlanta defective medical device lawyers can help you stand up to the manufacturer and fight for maximum compensation.
Backed by 50+ years of experience, we’ve helped clients win hundreds of millions of dollars in financial settlements and jury awards at trial. Now, we’re ready to make a meaningful difference in your fight for compensation when you’ve been catastrophically injured, too.
Contact our law office to get started and schedule your free case review.
Visit Our Medical Malpractice Law Office in Atlanta, GA
The Moses Firm: Atlanta Medical Malpractice Lawyers
3490 Piedmont Rd NE #1206, Atlanta, GA 30305
(404) 721-1050