FDA has received numerous medical device reports (MDRs) detailing serious patient injuries and deaths associated with these medical devices.
Ensuring patient safety is paramount. However, recent developments have raised significant concerns regarding the safety and quality of certain cardiovascular medical devices manufactured by Getinge/Maquet. The U.S. Food and Drug Administration (FDA) has issued a cautionary alert to healthcare providers and facilities regarding ongoing issues with the Getinge/Maquet/Datascope Cardiosave Hybrid and Rescue Intra-Aortic Balloon Pump (IABP) devices, as well as the Getinge/Maquet Cardiohelp system and HLS Sets.
The FDA’s recommendation for healthcare facilities to transition away from the use of these devices underscores the seriousness of the situation. Despite corrective measures taken by Getinge/Maquet, including reinforcing information in the Instructions for Use and issuing Urgent Medical Device Correction notices, safety concerns persist. The FDA has received numerous medical device reports (MDRs) detailing problems associated with these devices, including incidents resulting in serious patient injuries or even death.
Filing Your Getinge Cardiovascular Device Lawsuit
Victims and the families of victims harmed by the use of Getinge cardiovascular devices may have grounds to file a lawsuit seeking damages for the harm they’ve endured. The process of filing a product liability lawsuit involves several crucial steps, each of which underscores the importance of legal representation.
Firstly, individuals considering legal action should consult with our experienced product liability attorneys. Our legal professionals have the knowledge and resources to assess the merits of a potential lawsuit and guide clients through the complex legal process. From gathering evidence and reviewing medical records to drafting and filing a complaint, attorneys play a pivotal role in advocating for their clients’ rights.
Throughout the litigation process, our attorneys will work tirelessly to demonstrate the defendant’s liability and the extent of the plaintiff’s damages. In product liability cases involving medical devices, proving negligence on the part of the manufacturer or distributor is paramount. We leverage our legal expertise and investigative skills to build a compelling case on behalf of our clients.
In seeking damages through a product liability lawsuit, victims may be entitled to various forms of compensation, including medical expenses, lost wages, pain and suffering, and punitive damages. These damages serve to not only alleviate the financial burdens incurred due to the injuries but also hold the responsible parties accountable for their actions.
Frequently Asked Questions (FAQs) About Filing a Lawsuit for Injuries Caused by Getinge Cardiovascular Devices
What are the common injuries associated with Getinge cardiovascular devices?
Patients who have been harmed by Getinge cardiovascular devices may experience a range of injuries, including but not limited to cardiac complications, organ damage, infections, bleeding, and blood clots. These injuries can have serious and long-lasting consequences, impacting the individual’s health and quality of life.
How do I know if I have a viable case for a product liability lawsuit?
If you have suffered injuries as a result of using a Getinge cardiovascular device, you may have grounds for a product liability lawsuit. The key factors that determine the viability of your case include establishing the device’s defectiveness or dangerousness, proving the manufacturer’s negligence, and demonstrating the causal link between the device and your injuries. Consulting with an experienced attorney specializing in product liability cases can help you assess the merits of your potential lawsuit.
What is the statute of limitations for filing a product liability lawsuit?**
The statute of limitations refers to the legal deadline within which a lawsuit must be filed. The specific timeframe for filing a product liability lawsuit varies from state to state. It is essential to be aware of and adhere to the statute of limitations applicable to your case, as failing to file within the prescribed timeframe could result in the forfeiture of your right to seek compensation. Consulting with an attorney promptly after sustaining injuries is advisable to ensure compliance with the statute of limitations.
How long does it take to resolve a product liability lawsuit?
The duration of a product liability lawsuit can vary significantly depending on various factors, including the complexity of the case, the extent of the injuries, and the willingness of the parties to negotiate a settlement. While some cases may be resolved through pre-trial negotiations or alternative dispute resolution methods relatively quickly, others may require extensive litigation and may take years to reach a resolution. Your attorney can provide you with a realistic timeline based on the specifics of your case.
What types of damages can I recover in a product liability lawsuit?
Victims of injuries caused by Getinge cardiovascular devices may be entitled to various forms of compensation, known as damages. These damages typically include economic damages such as medical expenses, lost wages, and rehabilitation costs. Additionally, non-economic damages such as pain and suffering, emotional distress, and loss of consortium may also be recoverable. In cases involving particularly egregious conduct on the part of the manufacturer, punitive damages may be awarded to punish the defendant and deter similar misconduct in the future.
Do I need to have documentation of my injuries to pursue a lawsuit?
While documentation of your injuries, medical treatment, and related expenses can strengthen your case, it is not necessarily a prerequisite for pursuing a lawsuit. However, the more evidence you have to substantiate your claims, the stronger your case is likely to be. Your attorney can assist you in gathering the necessary documentation and evidence to support your claim and maximize your chances of obtaining fair compensation.
What if I signed a waiver or consent form before using the device?
Signing a waiver or consent form does not necessarily absolve the manufacturer of liability for injuries caused by a defective product. If the device was unreasonably dangerous or the manufacturer failed to adequately warn of the risks associated with its use, you may still have grounds for a product liability lawsuit. Your attorney can review the circumstances surrounding the signing of the waiver or consent form and advise you on your legal options.
How much does it cost to hire a product liability attorney?
Our product liability attorneys work on a contingency fee basis, meaning we only collect a fee after we secure compensation on your behalf. The fee is typically a percentage of the amount recovered in the lawsuit. Additionally, we offer free initial consultations to assess the merits of your case and discuss your legal options. This allows you to explore your options without incurring any upfront costs.
By addressing these frequently asked questions, we aim to provide clarity and guidance to individuals considering legal action in response to injuries caused by Getinge cardiovascular devices. If you have further questions or concerns, do not hesitate to reach out to Parker Waichman LLP for personalized assistance and support.
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