Injured by a Defective Medical Device? You May Be Entitled to Compensation

When any defective consumer product causes injury – or even wrongful death – it’s bad enough… but when an item that’s supposed to be helping you get well or improve your health is found to be defective, it’s even more egregious.

We’ve all heard about recent incidents where people have been hurt or even died resulting from bad deli meat, bad fast food, bad car parts, or other – sometimes quite surprising – bad products. But did you know that a variety of types of medical equipment have also contributed to the pain, suffering and death of innocent patients?

It happens more often than you might imagine. Perhaps you recall the spate of breast implant failures that led to thousands of victims experiencing symptoms ranging from soreness and lumps to loss of sensation (among other serious issues). Then there were the hernia repair mesh failures that caused numerous victims to face subsequent additional surgeries and resulted in many painful infections or even deaths. Just this spring, a major international manufacturer of sleep apnea machines agreed to pay more than $1 billion after U.S. victims were harmed by its equipment due to the breakdown of foam intended to absorb sound while the machines were operating. Another $1 billion settlement was issued to 4,000 people who suffered from defective hip and knee replacements – meaning that the average plaintiff received $200,000 each.

Indeed, there are so many medical devices recalled for manufacturing defects or design flaws every year that the FDA maintains a comprehensive database that catalogs a long list of recalled medical equipment and related items which it says could “cause serious health problems or death.” This year alone nearly 100 different products have already been added to that list, ranging from defective ventilators to insulin pumps with premature battery failure, and from poorly designed CPAP masks to potentially contaminated eye injection kits. All that, and we still have two months to go in 2024!

What to Do if You or Someone You Love Have Been Hurt by Faulty Medical Products

If you or someone you care about are impacted by defective medical equipment, a flawed prescription drug, or an adequately tested health-related product, you don’t have to take it lying down. With our help, you can file a personal injury lawsuit to seek compensation. Or, if numerous people have been injured in the same way by the same product, a class action lawsuit might be the best way to go. (And, by the way, in addition to contacting us if you’ve been hurt by a defective medical device, you can also be a Good Samaritan by reporting what you experienced directly to the FDA to help other people avoid having the same painful outcomes.)

Class Actions vs. Personal Injury Lawsuits

As we mentioned in another helpful article, you have a couple of options to consider if you’ve been injured by a piece of defective medical equipment (or some other faulty consumer product). 

A class action is a legal avenue available to a group of people (usually 40 or more victims) who have been negatively affected by a company’s illegal, deceptive or inappropriate actions, false claims, inaction (for example, failing to notify consumers that its products are causing harm – something the aforementioned sleep apnea machine manufacturer is reported to have done for nearly six years before issuing a product recall), or faulty products resulting in financial damages, painful injuries, or serious illnesses. Together, the multiple victims are referred to as a class of litigants. The class is usually represented by key individuals called “lead plaintiffs” – people whose experiences are representative of the damages experienced by members of the broader group who were harmed. Usually the lead plaintiffs – since they initiate the lawsuit and play an integral role in the litigation process (including testifying in court and providing other essential first-person evidence) – are compensated with the largest portion of settlement funds. Other affected individuals can be included in the class if they were similarly injured or impacted by the same defective products, misleading advertising, fraudulent behaviors, or unlawful actions.

A personal injury lawsuit, on the other hand, is filed on behalf of a smaller number of plaintiffs – usually (but not always) single individuals who’ve been hurt through no fault of their own. If you’re the only person harmed by a medical misdiagnosis or a defective medical device, this might be your best way to receive fair compensation for your injuries and any costs you’ve incurred, such as lost wages, medical bills, charges for at-home care, ambulance fees, and other related expenses. And, of course, you can also be compensated by a jury for the pain and suffering you’ve experienced resulting from the product’s flawed design, manufacturing defects, or inadequate testing – not to mention significant punitive damages which might be awarded by a jury for particularly egregious misconduct by a defendant.

Benefits of Joining a Class Action Lawsuit

One good reason to join a class action suit is that it permits individual victims to get the security provided by being part of a larger group, giving them the legal clout needed to take on big organizations with deep pockets. Here at Mike Morse Law Firm we have a dedicated class action team that works to help injured parties confidently band together to benefit from strength in numbers. At the same time, there might also be good reasons not to opt into a class action suit. Sometimes settlement funds can be paid out to so many individuals that they become diluted into paltry sums not worth the effort to pursue. And it’s also possible that you were more seriously impacted by the defendant’s bad actions than most other affected people. In that circumstance, it might be more beneficial to proceed with an individual personal injury lawsuit. Again, our attorneys specializing in this area can advise you on how best to proceed with your specific case.

Advantages of Filing a Personal Injury Lawsuit

A personal injury lawsuit for defective medical devices offers a different set of benefits to plaintiffs. First and foremost, settlement monies are not shared with or divided between multiple parties. In addition, settlement negotiations can be more streamlined in an individual personal injury situation, since you (and you alone) decide whether to accept a defendant’s offer to settle out of court or to proceed with your case through the entire legal process. Another benefit of acting on your own is that you won’t be compelled to accept anyone else’s decisions regarding the disposition of the case. You’re fully in the driver’s seat… all the way to the bank!

Why You Should Choose Mike Morse Law Firm Either Way

Our clients pay nothing out of pocket thanks to the well-known promise we make in no uncertain terms: “You pay nothing unless we win!” That’s true from our free initial consultation until you either agree to a settlement with the defendants or we win your case in a court of law. We call this operating on a contingency fee basis, and it takes the risk away from our clients, meaning we (not you) incur all the filing fees, investigational costs, charges incurred for expert witnesses, and any other expenses that might crop up during the legal process. We think you’ll agree it’s the right thing to do to ensure that all injured Michiganders – regardless of personal wealth or social status – get a fair shake in court.

So don’t hesitate to get in touch with us at 855-MIKE-WINS (855-645-3946) if you or someone you love are hurt by defective medical equipment, fall victim to an improperly designed prosthetic device, or suffer due to a flawed prescription drug. We stand ready to protect your rights and take action on your behalf starting from the very moment you make us your attorneys of record. And all it takes is that one simple phone call to get the ball rolling.

Content checked by Mike Morse, personal injury attorney with Mike Morse Injury Law Firm. Mike Morse is the founder of Mike Morse Law Firm, the largest personal injury law firm in Michigan. Since being founded in 1995, Mike Morse Law Firm has grown to over 200 employees, served 40,000 clients, and collected more than $1.5 billion for victims of auto, truck and motorcycle accidents. The main office is in Southfield, MI but you can also find us in Detroit, Sterling Heights and many other locations.