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Common Questions » Medical / Pharmaceutical Injury FAQs » What If I was Harmed by a Medical Device?

What Steps Do I Take?

Being Harmed by a Medical Device

Medical devices can include artificial hip, knee or shoulder implants (such as the DePuy ASR XL Acetubular System and ASR Hip Resurfacing System), shoulder pain pumps, surgical mesh patches, defibrillators, pacemakers or other products. State and federal law imposes a strict duty on the manufacturers of these medical devices to make sure they use care and conduct extensive testing before they put their products onto the market. They need to be aware of any possible side effects or risks associated with the devices, and they need to inform doctors and patients about these risks.

It is important to consult your physician if you believe you may be suffering harm because of a medical device or defective pharmaceutical you have been taking. If your doctor confirms, then you should seek legal assistance. If you have been harmed by a defective medical device, you may bring a product liability action that can provide compensation for the medical costs you've incurred as a result of the harm you have experienced. You may also be eligible for lost past and future income as well as the pain and suffering you've endured.

Medical side effects can range from mild to severe, so depending on your case you may be liable to different degrees of compensation. Some defective drugs taken by women during their pregnancy can result in their child being born with birth defects or they may suffer complications during birth. Some medical implants have also caused more hurt than help and require the patient to have additional surgeries to repair the damage done by the implant. If you have experience side effects like or similar to the ones listed above, you should take legal action by first speaking with an attorney about what kind of claim you can file.

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Client's portion of total recovery may be subject to Medicare/Medicaid reimbursement claims, Medicare/Medicaid liens or other third-party claims or liens.These verdicts and settlements are intended to be representative of cases handled by Arnold & Itkin, LLP. These listings are not a guarantee or prediction of the outcome of any other claims.
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