Defective Medical Device Lawsuits
Serving Clients Nationwide From Our Texas Offices in Corpus Christi, San Antonio, Dallas, and Austin
As a patient or consumer, you should be able to trust the medical devices your doctors and other medical staff are using or implanting into your body. Unfortunately, medical devices have caused thousands of patients additional pain and suffering, more surgeries, and sometimes death. Many medical devices require complex and invasive surgeries that pose a significant risk of permanent or fatal injury. When a device fails, moves, or otherwise starts to harm a patient instead of help, additional procedures may be required to fix or remove the device. If you have been injured, contact the defective medical device lawyers at Thomas J. Henry Law today for a FREE case review.
Defective Medical Devices Pose Risk of Serious Injury and Death
Sadly, medical device manufacturers put large profits before patient safety in some instances. Insufficient research on the risks and dangers of a particular device can oftentimes lead to deadly consequences for people seeking treatment for their ailments.
At Thomas J. Henry, defective medical device attorneys will help you take on the healthcare system or medical device manufacturer that contributed to your injury caused by a faulty medical device. When the unthinkable occurs to you or a loved one and an implanted device begins to hurt instead of heal, contact us immediately. Our experienced defective medical device lawyers are available 24/7, nights, and weekends to take your call.
What Is a Medical Device Recall?
Recalls occur when a medical device is defective or a risk to a patient’s health (or both). A device is considered to be recalled if the manufacturer takes actions to correct or remove the device that violates FDA law. In some cases, the recalled device may not necessarily need to be removed from a patient, or the risks of removal outweigh the risk of leaving it in place.
Types of actions that result in a medical device recall include:
- Inspecting the device for issues
- Repair
- Adjusting settings
- Relabeling
- Destroying the device
- Notifying patients of a problem with the defective device
- Monitoring patients for issues
The FDA is in charge of monitoring all medical devices and drugs available for consumer use. In most cases, a company, including manufacturers and/or distributors, will usually recall their medical devices on their own or voluntarily. However, if a medical device is associated with significant health problems or death, the FDA can legally require a company to recall a device immediately.
When a company recalls a medical device, they will:
- Contact the customers who received the product from them, and takes steps to reach others who need to be notified usually by press release.
- Supply information to help users identify the product and take steps to minimize health consequences.
- Take action to prevent the problem from happening again.
Classification of Medical Device Recalls
FDA classifies medical device recalls into three categories, representing the potential risk to public health: Class I, Class II, and Class III. This classification process usually takes place after the company has issued its recall.
Class I: A situation where there is a reasonable chance that a product will cause serious health problems or death.
Class II: A situation where a product may cause a temporary or reversible health problem or where there is a slight chance that it will cause serious health problems or death.
Class III: A situation where a product is not likely to cause any health problem or injury.
A recall is terminated only after the FDA deems the product no longer in violation of the law and no longer presents a health hazard to patients.
What Types of Defective Medical Devices Are Recalled?
Medical devices of all types have been subjected to recalls. In 2015 alone, there were 32 recalls issued on defective medical devices. Defective medical devices subject to recalls include:
- Skin grafts
- Surgical tools
- Implantable cardioverter defibrillators (ICD)
- Post-surgical devices
- Hip implants
- IVC filters
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Your questions
answered
We have straight answers to difficult questions to help you make critical decisions, navigate legal process and help you get justice.
How Does the “No Win No Fee” Promise Work?
The Thomas J. Henry “No Win No Fee” promise works as part of a contingency fee agreement. Instead of receiving payments from clients, we recoup fees and expenses from the final settlement or verdict our clients receive.
This allows us to start working on your case as soon as you hire us, ensuring that your case is handled with the urgency it deserves. It also means you can focus on getting better rather than cutting us a check.
The percentage we collect may vary depending on the complexity of your case, but you will be kept informed so you know what we are collecting before your case is closed.
Even better, you owe us nothing if we don’t win your case! Because our fees are collected as a percentage of your settlement or verdict, we do not collect anything unless and until you get your recovery. This means there is no risk to hiring a qualified attorney to handle your case!
Do I Have to Pay to Speak with an Injury Attorney?
Thomas J. Henry Law offers free case reviews so that you can better understand your legal options. This means you pay nothing for your first consultation. Additionally, Thomas J. Henry Law works on a contingency fee basis meaning that if you do choose to hire us, you pay us nothing unless and until we win your case.
To learn more about what it takes to speak with an injury attorney about your claim here.
Do I Need a Personal Injury Attorney Help Me Settle My Case?
Insurance companies will attempt to pay out as little as possible when resolving an injury claim. When an individual pursues compensation from an insurance company without the aid of an attorney, the insurance company may see the lack of representation as an opportunity to lowball the injured victim as there is no immediate risk of trial or legal recourse.
By hiring a competent attorney who has a reputation for achieving large verdicts in the courtroom, you are sending a message to the insurer. It will provide the insurance company with extra incentive to offer a fair settlement the first time.
If that first offer is not fair, an experienced personal attorney will have the resources and the knowledge to negotiate with the insurance company in pursuit of a better offer.
What is a Contingency Fee?
In a contingency fee arrangement, an attorney agrees to accept a fixed percentage of your recovery as payment. This means that if you win your case, your attorney will collect their fees and expenses from the money awarded to you. However, if you lose your case, your attorney will collect nothing.
Most lawyers prefer not to work on contingency cases for two reasons:
- There is a risk the firm will be paid nothing
- Any payment is delayed until money is collected from the opposing party
Generally, a lawyer who accepts contingency fee cases:
- Regularly represents clients who lack the financial resources to pay hourly attorney’s fees (as is often the case for personal injury victims).
- Is more selective about the cases they accept.
- Is very confident in their ability to win the cases they choose to handle.
How Much Does it Cost to Hire a Personal Injury Attorney?
The cost associated with hiring a personal injury attorney and how payment is collected may vary from firm to firm. At Thomas J. Henry, we work on a contingency fee basis. This means that we don’t charge our clients a penny unless and until we win their case.
Working on a contingency fee basis allows clients access to resources and legal representation they might otherwise struggle to afford. The more serious a case is, the more money it costs to take to trial. This is because complex litigation tends to take longer to resolve and the entities involved fight harder.
This is especially true if your lawsuit is against a large company, as would be the case in a trucking accident or on-the-job injury. Such companies employ teams of lawyers and have seemingly unlimited financial resources. You need an attorney who has the same. Thomas J. Henry employs a team of more than 100 attorneys and has the money to fight your case out to the end.
Finally, by collecting any fees and expenses after a verdict or settlement is secured, Thomas J. Henry can help ensure his clients are able to focus on healing. “The client’s job is to heal. We will handle the rest,” says Thomas J. Henry.
How Much Is My Personal Injury Case Worth?
In Texas, a personal injury case is only worth what a jury is willing to award you. This is why you need an attorney who can not only prove the economic damages you have sustained due to your accident, but can also demonstrate the value of non-economic damages you may have sustained, such as pain and suffering, mental anguish, and loss of consortium.
Learn more about how to estimate the value of your personal injury claim here.
Why
choose
us?
We help clients across the U.S. with all types of injury cases, including vehicle accidents, slip and falls, wrongful death, product recalls, pharmaceutical cases, mass tort, and more.
Thomas J. Henry offers a “No Fee Promise.” We work on a contingency fee basis which means you do not pay our firm any fees unless and until we win your case. Learn more.
If you’ve been hurt, you may have a damaged vehicle or be unable to work. We can help get you a rental car if your vehicle is damaged and even advance money on qualified cases.
We are committed to your complete recovery. We will work with you to ensure you receive the necessary medical treatment and support for your healing journey.
If you’ve been hurt, you may not be able to come into our offices to speak to an attorney. Don’t worry, we will come to you wherever you are – at home, work, or hospital.
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