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Dangerous medical products, recovering from injuries

On Behalf of | May 9, 2024 | Personal Injury

If you undergo a surgical procedure or other medical treatment, you can expect quality care, including medications and products that are safe to use and effective to your health care plan. While there are always risks involved with surgery or other treatments, your surgeon or doctor will explain these to you ahead of time. What should never happen is to suffer injuries because of dangerous or defective medical products.

The U.S. Food and Drug Administration (FDA) monitors medical products, including things like prescription drugs, prosthetics, surgical instruments, implants and pacemakers. By the time someone uses any of these things to treat a patient, the manufacturing, distribution and marketing processes should have guaranteed them as safe. When dangerous medical products cause injuries, recovering victims may seek restitution in court.

Recoverable damages in a dangerous medical product claim

If you become ill or suffer injuries because of a defective or dangerous medical product, you can determine who is liable and file a product liability claim. The following list shows several types of damages that a claim may include:

  • Medical bills
  • Lost wages
  • Loss of potential earnings
  • Pain and suffering
  • Loss of consortium (if you’re a family member filing a wrongful death claim)

To successfully litigate a product liability claim, you must prove that certain elements existed, including that the defendant (or defendants) owed a duty of care and failed to fulfill that duty (i.e., negligence).

Products labeled defective or dangerous

There have been many class action lawsuits in Louisiana and beyond regarding dangerous medical products. The following list includes some of the issues that have been a central focus of such claims:

  • Medical mesh products
  • Hip replacements
  • Toxic materials
  • Stents
  • Sharp edges
  • Poor construction

There have also been many lawsuits regarding injuries that stem from use of prescription medications like Zoloft, Singulair, Yasmin and several other drugs.

Medical treatment should improve your condition, not make it worse

If you suffer adverse or harmful effects due to normal use of a medical product or drug, there may be an underlying cause. The product itself might be defective or dangerous and not safe for use on patients.

Product liability issues are complex, and litigation is stressful. This is why most recovering victims choose to act alongside experienced legal representation in court. An experienced legal team knows how to navigate the system and build a strong case with effective strategies to hold liable parties accountable and ensure that those who have suffered receive the maximum recovery to which they have a right under Louisiana law.