Medical device manufacturers have the same duty of care to consumers as all American manufacturers. When designing, manufacturing, and even selling a product on the marketplace, manufacturers have an obligation to guarantee that the product on the marketplace is safe for the consumer to use.
When the product is discovered to be defective and causes harm to a consumer, that company should be held liable for any pain that the consumer experiences. When consumers decide to go against a manufacturer with multiple legal resources at their disposal, the best action to take would be to seek the assistance of a Philadelphia personal injury lawyer.
Seeking compensation for medical expenses
One way that lawyers can help a victim with a recalled Exactech device is to help the victim seek compensation for any of their medical expenses. There are thousands of patients who become seriously injured or lose their lives due to the harm caused by a defective medical device. The recent defective knee, hip, and ankle replacements have caused additional stress not just to patients but to medical professionals.
Corrective surgery may have to be performed to resolve the pain caused by the defective implants. The increase of patients admitted into hospitals due to the coronavirus pandemic has affected the wait times of surgical procedures, causing patients to wait for longer amounts of time.
Seeking compensation for pain and suffering
Lawyers can also help victims of recalled Exactech devices seek financial compensation for any pain and suffering the device has caused. The design defect of the inserts inside of the knee and ankle replacements have led to premature wear and early device failure. The majority of knee, hip, and ankle replacements produced at Exactech were produced and placed into patients in 2004.
When the defective packaging was exposed to oxygen before being implanted, the inserts began to oxidize and wear out earlier than expected. This premature wear causes patients with a knee or ankle replacement to experience severe knee or ankle pain, swelling, pain while walking, and clicking around the knee or ankle. Patients who experience this type of pain can miss time out on work, and lose out on enjoyable activities.
File mass tort claims
Another way lawyers can help someone with an Exactech device is to file a mass tort claim. A mass tort claim is a type of civil action that allows multiple victims to file a claim against one or more negligent parties. Mass tort claims are filed in cases involving either defective products or corporate actions.
In a mass tort claim, individual plaintiffs are permitted to collect compensation for their own personal damages, instead of being forced to split compensation evenly amongst each plaintiff like in class-action lawsuits. Lawyers can help victims of recalled Exactech devices seek the appropriate amount of damages against the company, and file the mass tort claim before the statute of limitations deadline.
What are some additional actions that lawyers can take in a mass tort claim?
For a mass tort claim to be successful, additional defendants who suffered the same type of consequences must participate. Lawyers can help facilitate the process of identifying other defendants while managing other complex steps of the mass tort claim. Mass tort lawyers also have the experience required to advocate for defendants against larger, negligent corporations.
Contact Kwartler Manus, LLC Today
If you have been hurt and believe you are part of a group of victims, Kwartler Manus, LLC can help. Our team can listen to your story and assess the extent of your damages. Based on our findings, we can recommend whether to move forward with an individual lawsuit or ask the court for permission to bring a mass tort claim. Our Philadelphia mass tort lawyers have vast experience with these kinds of complex claims and can guide you through this process. To discuss your situation, call us at (267) 457-5570 today.