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Carrollton Product Liability Lawyer

It seems like there is a new life-changing medical device introduced every day. The medical product manufacturers promise that their newest product will improve a person’s quality of life or even better save a person’s life.  When a medical device becomes harmful to the human body, injuries and deaths become common.

Our Carrollton product liability lawyers fight to hold medical device manufacturers accountable for putting unfit products on the market and into people’s bodies.  Every year, billions of dollars are spent due to injuries or deaths from defective medical devices.  Call us if you or a loved have suffered injuries that could be caused by a defective medical device in order to discuss filing a mass torts claim.

Medical Device Makers Have a Duty to Produce Safe Products

Modern product liability laws are strict. Especially when applied to medical devices, an object cannot hit the market unless it satisfies Food and Drug Administration testing requirements. This combines with the laws that require makers to product safe items that do not cause undue harm if used as intended.

As a result, it is essential to examine the testing processes that the device makers used to ready their product for submission to the FDA. It is also a good idea to evaluate their manufacturing processes and the instructions that they provide to medical professionals. A Carrollton product liability attorney could provide more information about basic product liability laws and how they apply to the medical device industry.

The FDA’s Fast Track Program for Getting Medical Devices on the Market

The government is notorious for moving slow.  For drug manufacturers and medical device manufacturers, that means they have to wait years to have the Food & Drug Administration approve their products for use by the citizens of America.  These billion dollar companies needed a way to get their products to the market faster.

They got their wish in the form of legislation that fast-tracked new medical devices to the market if the device was “substantially similar” to other, already approved devices.  Under the new legislation, medical devices were approved with having to go through clinical trials and other hoops designed to ensure their safety.  Many of the medical devices approved under this new legislation have proven defective causing thousands of injuries and deaths, warranting the need for a Carrollton product liability attorney.

Cases We Handle

Our Carrollton product liability lawyers are able to work on your behalf for many potential medical device claims. Below are some which we have recently handled:

How Could Someone Prove Product Liability in Court?

The mere fact that a medical device appears to malfunction is not enough to prove a claim against that product’s maker. Laws in Carrollton state that a maker is only liable if a plaintiff is able to prove one of three things.

First, they can demonstrate that the product was inherently dangerous due to a defective design. Second, they can show that the product had a good design but left the factory in a damaged condition. Finally, they can prove that the maker did not provide proper instructions for safe use.

Thankfully, State laws do not require a plaintiff to prove that the maker was negligent in allowing these errors to occur under the Official Code of Georgia §51-1-11.

What are the Potential Obstacles in a Product Liability Claim?

Every potential claim for compensation following a personal injury can meet similar obstacles. The first is timing. Under Official Code of Georgia §9-3-33, injured parties have two years from the discovery of a loss to demand payment. This may expand to as many as ten years after the implantation of the medical device of the nature of the injury only becomes apparent at a later date.

Another potential limitation concerns the plaintiff’s share of liability. Every defendant in a personal injury claim has the option to raise the defense of comparative fault. In short, this means that the plaintiff was responsible for their own losses. A defendant may allege that their product only failed because the plaintiff did not follow the proper instructions after implantation. In these cases, a jury may reduce an award at trial or even totally dismiss the claim. A Carrollton product liability attorney could help to fight back against these common defense tactics.

Contacting Our Carrollton Product Liability Lawyers

Our Carrollton product liability lawyers serve clients throughout Georgia, Alabama, and nationwide.  We have the experience necessary to help you or a loved one that has been injured by a defective medical product. Don’t delay in contacting us today.