A defective medical device attorney at Bisnar Chase can help victims who are left suffering severe side effects due to faulty medical implants.
Medical science is taking giant steps forward all the time. Products such as replacement hips, knee implants, and transvaginal mesh can greatly impact patients, from reducing pain to boosting mobility.
As patients, our health is in the hands of doctors and the manufacturers of these products. We trust the advice of physicians and surgeons. We trust that they will warn us of any potential dangers and that the equipment they put into our bodies is safe and effective. But that is not always the case.
Defective medical devices can sometimes be surgically implanted into patients. The malfunctioning device might be a one-off, or it may be from a batch of poorly designed products. Unfortunately, malfunctioning medical products have the potential to cause severe damage, from worsening pain to lasting injuries and even death.
Contact the defective medical device lawyers at Bisnar Chase for expert care and guidance. Our team will help you assess your medical options and fight to recover the compensation you deserve for your ordeal. Our team has a 99% success rate and has won more than $900 million for injury victims.
Call (800) 561-4887 or email for a free consultation. Take advantage of our no win no fee guarantee and ensure you are working with a top-tier law firm that has been providing superior representation in medical device defect cases across California for more than 45 years.
Defective Medical Device Resources
- Why Choose Bisnar Chase for Your Medical Device Defect Case?
- Types of Defective Medical Implants
- What Cases Do We Take?
- Causes of Medical Device Failures
- Has Your Medical Implant Been Recalled?
- Steps to Take After a Medical Device Recall
- What is the Statute of Limitations in Implant Defect Cases?
- Defective Medical Device Lawsuit FAQs
- Injuries Caused by Product Defects
- No Win No Fee Medical Device Lawyers Near Me
- Examples of Defective Implant Verdicts and Settlements
- Device Recall and Defect Statistics
- What About Defective Drugs Causing Side Effects?
- Contact the Best Defective Medical Device Attorneys Near Me
Why Choose Bisnar Chase for Your Medical Device Defect Case?
Our law firm was founded in 1978 and has been in the business of helping people ever since. Our team is made up of talented attorneys, paralegals, and admin staff who are passionate about securing justice for injury victims.
Representing you is not just a job for us. We take great pride in fighting for those who need us in their hour of need and have won major victories in defective medical device lawsuits across California. We get results, but we also believe in providing an outstanding client experience with a personal touch.
Our law firm offers:
- A free consultation with a no win, no fee promise.
- A 99% success rate.
- More than 45 years in business with decades of handling defective medical device claims.
- Experience at negotiating tables and in courts across California.
- Unparalleled client care and accessibility, maintaining regular contact and updates.
- Trial lawyers who will not take a settlement unless it is suitable for the client.
- The resources to take on the most prominent defendants, including major medical manufacturers.
- The ability to maximize the value of your case, with more than $900 million won to date.
You need experienced medical device defect lawyers on your side who have been there and won the most challenging cases. We fit the bill. Contact our team now for a free consultation with no obligations.
Types of Defective Medical Devices
Many cutting-edge medical procedures can boost the human body. They include everything from structural joint enhancements to cosmetic surgery.
As a result of this medical science scope, there is also great potential for treatments to go wrong.
Our law firm has been handling product liability cases for decades. Unfortunately, many of these cases involve malfunctioning medical equipment and implants. We have seen all kinds of treatments and surgeries go wrong. They include:
- Defective Hip Implants and Replacements
- Transvaginal Mesh Defects
- IVC Filters
- Guidant Defibrillator/Pacemaker
- Drug-Coated Stents
- Cobalt Toxicity
- Da Vinci Surgical Robot
- Medtronic Infuse (bone graft)
- Breast Implants
These are just some of the most common medical implant legal cases seen in California courts. If you have a claim, contact a defective medical implant attorney at Bisnar Chase now.
Expert personal injury lawyer Brian Chase, the managing partner at Bisnar Chase, discusses the process of filing a product liability lawsuit, such as a medical implant defect.
Defective Medical Implant Claims Handled by Bisnar Chase
The main types of medical equipment defect cases that we handle are hip replacement defects and mesh claims.
But that does not mean we cannot take other types of medical injury cases. It simply means that these are the most common cases for us.
If you are suffering due to another form of defective medical equipment, you should contact us, whether we have listed it on this page or not. Call us at (800) 561-4887, send us an email, or use our 24/7 live chat. If we can take your case, we will provide the expert help you need. If not, we will refer you to a trusted lawyer who can.
Defective Hip Replacements: The hip joint is a ball-and-socket joint that gives you mobility at the top of your legs. But this joint can deteriorate over time through conditions such as osteoarthritis, rheumatoid arthritis, or avascular necrosis. Generally, the hip can worsen and cause pain and loss of mobility due to wear and tear as people age.
Every year in the U.S., there are more than 450,000 hip replacement surgeries. This kind of surgery involves replacing the original joint with a metal hip substitute. But some hip implants are defective. They may cause pain or discomfort, not work correctly, or fail completely. Negligent manufacturers have already paid billions of dollars in hip replacement lawsuits.
Transvaginal Mesh: A mesh implant is a type of treatment for people struggling with conditions including urinary incontinence and pelvic organ prolapse. Unfortunately, there have been many cases where the sling-like mesh has caused severe complications. Some symptoms include pain, infections, bleeding, perforation, and more.
As a result, there have already been thousands of defective mesh lawsuits. Furthermore, victims have received hundreds of millions of dollars.
Breast Implants: In most cases, breast implant procedures are purely cosmetic, though some may be medically prompted. Either way, a breast implant procedure can be dangerous and involves the surgical addition of a product into the body. Such a surgery brings the same risks as a hip or mesh surgery.
Causes of Medical Device Defects
There are several potential causes for a medical device to be causing you pain, discomfort, or more severe side effects. They include:
Faulty product design: In some cases, the devices are not designed well enough. They may carry a flaw that results in the equipment not working correctly, breaking prematurely, or causing painful issues.
Manufacturing: As with all product liability claims, manufacturers can make mistakes at the building stage. If the medical implant is poorly constructed, it is not likely to work correctly.
Poor materials: Sometimes, manufacturers use cheap or substandard materials to produce a medical device. This is often a cost-cutting measure on the part of the company. But it can result in dire consequences for the patient.
Improper installation: Painful medical implant problems are not always caused by the device itself. Sometimes the doctor or surgeon will make a mistake while implanting the device into your body. Bisnar Chase also handles medical malpractice lawsuits.
Other factors can also play a part in a medical device deteriorating or malfunctioning, from a lack of maintenance to contamination or poor planning. If you are suffering side effects after an implant procedure due to deteriorating or dangerous medical equipment, please contact our personal injury lawyers who specialize in defective products cases to find out more about your legal options.
Has Your Medical Implant Been Recalled?
To sell a medical device in the United States, you need approval from the Food and Drug Administration (FDA). In general, to get this approval you need to fulfill specific criteria and testing. However, in many cases, the testing is not sufficient. Products that later malfunction or develop dangerous faults can be approved.
When watchdogs discover a problem, recalls are usually issued. This might be a voluntary recall by the device manufacturer, a recall issued by the manufacturer at the request of the Food and Drug Administration, or an enforced recall by the FDA.
The best way to check if your medical device has been recalled is to check:
- The FDA website
- With the product manufacturer
- Or with your doctor
Not all implant recalls are the same. The FDA has three categories to classify the level of recall. The class tells you how potentially dangerous a faulty device can be.
Class I: There is a reasonable chance of the product causing severe health problems or death.
Class II: The product might cause temporary or reversible health problems. Slight chance of serious injuries or death.
Class III: Unlikely to cause injury.
You should always follow the steps outlined in the recall to protect your well-being. If a defective product has compromised your safety, contact a personal injury lawyer to win compensation.
Steps to Take After a Medical Device Recall
A defective medical device can put your health at risk. If you have been fitted with a dangerous device, there are several steps you should take to protect your health and legal rights.
- Contact your doctor. Of course, a recalled hip replacement implant is much more problematic than returning a malfunctioning TV. You will need to discuss the options with your doctor, from removing the defective device to deciding how to replace it.
- Discuss the issue with your insurance company. Your health insurance policy often dictates the types of implants you are eligible for. Speak to a representative and find out what alternatives are available to you.
- Contact a defective medical device lawyer. This is the most critical step in protecting your legal rights and securing full compensation. When device manufacturers have cut corners with materials or been negligent in the planning or manufacturing processes, we can help you hold them accountable and recover damages for your pain and suffering.
Does the Statute of Limitations Count in Medical Device Recall Cases?
Most people have heard of the statute of limitations. It is the law that restricts how long you have to file a lawsuit or claim after suffering an injury.
The California statute of limitations specifies that injury victims have up to two years to file a claim from the accident date in most injury cases, though there are some exceptions.
In a case involving a defective medical implant, the same two-year timeframe applies. The clock starts running when the patient becomes aware of an injury or condition relating to the device. The implant surgery date itself does not matter, as side effects can occur at different times for different people.
Defective Medical Device Lawsuit FAQs
Bisnar Chase is here to answer any questions about the legal process. We have answered some frequently asked questions below. But we are also available for any other queries – give us a call or email, or use our live chat.
The main criteria you need to fulfill to file a medical implant defect lawsuit is to have suffered ill effects due to a product or device. When an injury has occurred, we can hold negligent parties responsible. Bisnar Chase works on behalf of plaintiffs to make sure justice is done.
The first step is to hire a defective medical device lawyer who will handle every aspect of your case. Your lawyer will then need to show that you were fitted with a device and that the device carried a defect that caused an injury or other side effects. By doing so, we will win financial compensation through a settlement or verdict to make you whole for your suffering.
The most common medical device defect claims we handle are hip replacements and transvaginal mesh cases. But we are consistently evaluating other cases. No matter the kind of implant you are struggling with, you can contact Bisnar Chase. We provide superior representation, and if we cannot help, we will point you in the direction of a trusted attorney who can.
There is no set amount of time for a personal injury case. A claim can be resolved in a matter of weeks in some cases, while others might take much longer. Lawsuits involving defective medical devices can be complex and usually take longer if they go to trial. It is impossible to provide a guide on the amount of time it will take without knowing the specifics. But we can promise that we will do everything possible to resolve your case as quickly as possible while winning maximum compensation for you.
To begin with, drugs and medical devices are essential to a lot of people. That means that it is also big business and generates a lot of money. Manufacturers rush some machines to market after insufficient testing. In other cases, companies might omit unfavorable testing results to gain FDA approval. It is our job to hold those negligent manufacturers accountable for their actions.
Types of Injuries Caused by Medical Device Malfunctions
Some defective devices can have drastic impacts on patients. In some cases, they might cause pain and discomfort. That is bad enough, but it can get worse. Some defective implants can cause life-threatening conditions or permanent issues if untreated.
These are cases with high stakes. Medical device manufacturers cannot be allowed to get away with putting patients in harm’s way due to negligence.
For example, a defective hip joint replacement can cause:
- Pain
- Loss of mobility
- Bleeding
- Blood clots
- Infections
For victims of faulty mesh products, injuries and side effects can include:
- Bleeding
- Infections
- Punctures and perforations of organs, including the intestines
- Bowel obstruction
- The painful fusing of tissue
These are just some examples of the impact a faulty medical device can have on a patient. If you have suffered these or any other side effects, let us help you fight for justice. Contact our defective medical implant attorneys for expert representation and support.
No Win No Fee Medical Device Lawyers Near Me
Injury victims should always look to work with attorneys that work on contingency when possible. This means that the law firm advances the costs to win your case. You do not pay anything out of pocket, and a percentage of the final recovery goes to the lawyer to cover their costs and fees – but only if they win.
Bisnar Chase uses a no win, no fee system on personal injury cases, including claims involving defective medical device injuries. The idea behind this guarantee is simple – to make top-quality legal services available to everyone.
The following are the best steps to take to hire a no win no fee injury attorney:
- Sign on with Bisnar Chase.
- Our firm covers the required costs, such as filing fees and hiring expert witnesses.
- When we win your case, you get the majority of the recovery. A percentage goes to our firm to cover our work and expenses. Please note: California laws restrict this percentage to ensure that dishonest attorneys do not swindle clients.
- You owe nothing if we lose.
Another key consideration is that a successful personal injury lawsuit can result in a victim recovering compensation for medical expenses, lost wages, pain and suffering, punitive damages, and much more.
Anyone can afford to take legal action over a faulty medical device with a no win, no fee lawyer. You pay no out-of-pocket costs, whether we win or lose. You are also protected from all fees if we fail. However, if we win your case, you will get the compensation you deserve. It’s win/win!
Examples of Medical Device Defect Verdicts and Settlements
Billions of dollars have been paid out to victims of medical device defect side effects.
In some cases, injury victims will join a class action lawsuit if they have suffered similar injuries to other people from the same product defect. Other claims will be handled on an individual basis.
The manufacturer might settle a claim out of court, or it may go to a trial.
We have seen some colossal jury verdicts awarded in medical device injury trials, some of which are listed below. However, we should note that trials carry significant risks. They are expensive, and juries are unpredictable.
Most medical implant defect cases will first involve pursuing a settlement with the manufacturer. If a fair settlement cannot be agreed upon, our trial lawyers will argue your case in front of a jury. Remember that not all injury lawyers are willing to go to trial. But a defective medical device attorney at Bisnar Chase will take your case as far as needed to get the right outcome for you.
Mesh Victim Awarded $120 Million by Jury
A woman who received a TVT-O mesh implant in 2008 received a $120 million verdict after trial. She suffered excruciating pain and consistent urinary tract infections due to the mesh implant, along with other ongoing complications. There have been a massive number of mesh lawsuits filed against multiple manufacturers. Some patients had to undergo many revision surgeries and still suffered ongoing issues.
Medical Device Maker Paid $2.2 Billion for Hip Replacement Settlements
Stryker, a manufacturer of medical devices and equipment, faced thousands of lawsuits over faulty hip replacement products. The products carried a high failure rate with dangerous side effects. Stryker paid about $2.2 billion to settle thousands of cases from 2014 to 2016, with patients recovering an average of $600,000.
Major Manufacturer Settles $1 Billion Lawsuit Over Implant Defects
Sulzer Medica agreed to a $1 billion settlement to compensate thousands of patients who received faulty hip and knee implants in 2002. The major orthopedics maker faced about 4,000 claims, with the settlement paying each victim just over $200,000.
These are just a tiny sample of the claims resolved through settlements and trials in recent years. Bisnar Chase has secured significant recoveries for victims of dangerous products and implants. Contact our personal injury lawyers now for a free consultation and the superior representation you deserve.
Medical Device Defect Statistics
We know the risks associated with negligent manufacturers producing sub-par products. They put vast numbers of patients in danger.
But statistics show staggering numbers of faulty implants.
- Nearly 410 million medical devices were recalled in 2016 and 2017.
- Medical device recalls spiked by 70% in 2018.
- Three million units per quarter were subject to recalls in 2018-2019.
- The spike in recalls includes a massive increase in Class I recalls – the most dangerous classification denoting a reasonable chance of severe health issues or death.
- Software issues have become the leading cause of device malfunction, taking over from device design issues.
These numbers are hugely concerning. Some of the increases are attributed to incredible innovations making devices more complex than ever and thus more likely to fail. But at Bisnar Chase, we advocate for thorough testing and precautions to make medical technology as safe as possible.
While this technology has great benefits for many patients, we have to look out for those left in pain and suffering life-altering side effects.
If you have a medical device liability case, contact us for a free case review.
What About Defective Drugs?
Drugs and medications do not strictly fall under the umbrella of medical devices, but classification works along the same lines. With this in mind, manufacturers and pharmaceutical companies must carry out lengthy research and testing processes before selling drugs.
Whether a medication requires a prescription or is sold over the counter, it can do enormous harm to a patient if designed or produced incorrectly.
Clinical trials and drug formulation tests are necessary to protect the public from potentially dangerous side effects. However, mistakes are sometimes made. As with medical devices, drug test results can be altered or ignored, and manufacturers can rush products to market to chase profit.
Learn more about our pharmaceutical litigation expertise and contact us if you have a dangerous drug or medication case.
Contact the Best Defective Medical Device Attorneys Near Me
Are you searching for skilled and effective medical device defect lawyers nearby? If so, Bisnar Chase can help. Our team has decades of experience with medical implant liability cases. Over the years, we have taken on top medical manufacturers and won significant recoveries for our clients.
We have a 99% success rate and consistently secure the top possible settlements and verdicts for injury victims, with $900 million won and counting.
Our team is passionate about our mission – to protect our clients, fight for justice, and make the world safer. As well as getting results, we put an emphasis on client care and support. You are not alone in this when you have Bisnar Chase by your side.
Trust us with your case. Contact a defective medical device attorney at Bisnar Chase by calling (800) 561-4887. You can also speak to a representative using our 24/7 live chat or email us to set up a free consultation.