Medical Product Liability
Medical product liability is the grim specter many companies face even after extensive testing has been done to assure that both quality and safety are non-issues. Hearing aids, diagnostic equipment, implants of any kind, supplies, prosthetics and transplants as well as appliances are all fair game for medical product liability lawsuits when the products fail and cause injury or death. Such lawsuit judgments routinely amount to millions of dollars for thousands or tens of thousands of plaintiffs in class action suits. It is understandable why the cost of all medical equipment is so high given the exposure it has to such civil litigation. There are a lot of issues that surround such litigation.
One of the most pressing is understanding if the physicians involved in the distributing of these products bear any responsibility for their failure. Take the example of Dr. Neverdowrong who is a hearing specialist and a regular dispenser of certain a certain brand of hearing aid for those patients showing a positive reaction to their use. When one out of seventy two of these devices was proven to be defective and its continual use caused severe ear damage, a medical product liability lawsuit naturally occurred naming the product manufacturer and the good doctor as defendants. The question of liability came down to the issue of whether or not the physician took enough time and researched the product well enough to know to warn his patients of possible risks should the device malfunction. And if the company did warn the doctor of possible malfunction in about .014 percent of all the devices, was that enough of a danger that the doctor consider it essential to pass on to the information to a patient?
Some legal experts suggest that there is too much of a dichotomy between the various state regulations and laws regarding medical product liability. There is little in the way of federal law regarding this matter making it more favorable to stage lawsuits in some states rather than others. And within that wide range of state regulations is one agreement: no matter how much discretionary care that a manufacturer took in making sure a product was safe, a strict interpretation of tort law would effectively award a plaintiff with monetary damages for injuries received. It's quite easy to strike out when someone hurts us and attempt to defend ourselves, but Christians look to God for supreme protection and our defense in all things. "In God is my salvation and my glory; the rock of my strength and my refuge is in God...He is my only rock and my salvation: He is my defense; I shall not be moved." (Psalm 62:6, 7)
Probably one of the greatest challenges the medical product industry faces is fear, and in many cases potentially exciting drugs, appliances, mechanical hearts or other devices are deliberately scuttled because of the possibility of lawsuit. In some cases, developers cannot afford the extreme cost of medical product liability insurance and must end any attempt to market the product while other companies have pulled products off the market despite the absence of one single lawsuit, because of the fear one could be filed at some future date. Even some suppliers of material for products have been sued, costing millions of dollars in litigation fees. The federal government has yet to make only four products free from liability issues and only two are a medical product liability issue: children's vaccines and biomaterials in implanted medical appliances. The field is basically wide open for continued litigation over supposed flawed products. Drugs such as Fen Phen, Vioxx, Accutane, Baycol and Crestor as well as a defibrillator and a device to treat aortic aneurisms have been the targets of recent lawsuits. But a lot of pressure from medical product lobbyists can artificially push the FDA to sometimes prematurely approve new products without fully researching all side effects.
If a person or a loved one has experienced a negative reaction, injury or death because of a healthcare product failure or malfunction, the odds are it was not the first failure recorded. Of course one will want to contact an attorney to ascertain of any legal action can be taken, particularly if economic suffering has been the result. There may have already been a class action suit filed on behalf of others who have also been hurt and your name will be added to the list of plaintiffs. In this particular medical product liability case, other legal action by your attorney may be limited so makes sure and seek an attorney who has shown some extensive experience in this area of civil law. Additionally, you will want to know that this attorney will share all information with you as the case makes twists and turns throughout the system. It is to no one's real advantage for a lawsuit to go to court, so often a settlement will be sought before a trial begins.
Be sure that the attorney you hire is not only experienced in this type of medical product liability litigation but also that you feel you can trust him or her. If there is a personality clash or some sort of strange vibes emanate from this attorney-client relationship, seek another litigator. If this is an attorney from a firm, another attorney can be appointed in his or her place. Find out how the attorney will be paid and whether or not you will have to pay any upfront money. Some attorneys work on a contingency basis, only being paid upon judgment settlement.
One of the most pressing is understanding if the physicians involved in the distributing of these products bear any responsibility for their failure. Take the example of Dr. Neverdowrong who is a hearing specialist and a regular dispenser of certain a certain brand of hearing aid for those patients showing a positive reaction to their use. When one out of seventy two of these devices was proven to be defective and its continual use caused severe ear damage, a medical product liability lawsuit naturally occurred naming the product manufacturer and the good doctor as defendants. The question of liability came down to the issue of whether or not the physician took enough time and researched the product well enough to know to warn his patients of possible risks should the device malfunction. And if the company did warn the doctor of possible malfunction in about .014 percent of all the devices, was that enough of a danger that the doctor consider it essential to pass on to the information to a patient?
Some legal experts suggest that there is too much of a dichotomy between the various state regulations and laws regarding medical product liability. There is little in the way of federal law regarding this matter making it more favorable to stage lawsuits in some states rather than others. And within that wide range of state regulations is one agreement: no matter how much discretionary care that a manufacturer took in making sure a product was safe, a strict interpretation of tort law would effectively award a plaintiff with monetary damages for injuries received. It's quite easy to strike out when someone hurts us and attempt to defend ourselves, but Christians look to God for supreme protection and our defense in all things. "In God is my salvation and my glory; the rock of my strength and my refuge is in God...He is my only rock and my salvation: He is my defense; I shall not be moved." (Psalm 62:6, 7)
Probably one of the greatest challenges the medical product industry faces is fear, and in many cases potentially exciting drugs, appliances, mechanical hearts or other devices are deliberately scuttled because of the possibility of lawsuit. In some cases, developers cannot afford the extreme cost of medical product liability insurance and must end any attempt to market the product while other companies have pulled products off the market despite the absence of one single lawsuit, because of the fear one could be filed at some future date. Even some suppliers of material for products have been sued, costing millions of dollars in litigation fees. The federal government has yet to make only four products free from liability issues and only two are a medical product liability issue: children's vaccines and biomaterials in implanted medical appliances. The field is basically wide open for continued litigation over supposed flawed products. Drugs such as Fen Phen, Vioxx, Accutane, Baycol and Crestor as well as a defibrillator and a device to treat aortic aneurisms have been the targets of recent lawsuits. But a lot of pressure from medical product lobbyists can artificially push the FDA to sometimes prematurely approve new products without fully researching all side effects.
If a person or a loved one has experienced a negative reaction, injury or death because of a healthcare product failure or malfunction, the odds are it was not the first failure recorded. Of course one will want to contact an attorney to ascertain of any legal action can be taken, particularly if economic suffering has been the result. There may have already been a class action suit filed on behalf of others who have also been hurt and your name will be added to the list of plaintiffs. In this particular medical product liability case, other legal action by your attorney may be limited so makes sure and seek an attorney who has shown some extensive experience in this area of civil law. Additionally, you will want to know that this attorney will share all information with you as the case makes twists and turns throughout the system. It is to no one's real advantage for a lawsuit to go to court, so often a settlement will be sought before a trial begins.
Be sure that the attorney you hire is not only experienced in this type of medical product liability litigation but also that you feel you can trust him or her. If there is a personality clash or some sort of strange vibes emanate from this attorney-client relationship, seek another litigator. If this is an attorney from a firm, another attorney can be appointed in his or her place. Find out how the attorney will be paid and whether or not you will have to pay any upfront money. Some attorneys work on a contingency basis, only being paid upon judgment settlement.
Medical Product Liability
![]()
Reviewed by Anonymous
on
10:23 AM
Rating:
