Lawsuit Information for Personal Injuries Sustained After a Defective Orthofix Device
The manufacturer and the doctor, surgeon and hospital bear the responsibility to ensure that a medical device used in a surgical procedure are safe for the person receiving the implant. If there is a manufacturing or design defect, then this is the responsibility of the surgeon to ensure that the medical device is safe, before implanting it into a person for a surgery.
Lawyer – Class Action Lawsuit for an Orthofix Defective Device
You need to ask yourself: Is it customary for a person undergoing a surgical procedure to inspect or test the surgical device before the procedure? The answer is another obvious and resounding “No!” and it should be. There are safeguards in place, such as quality control, ensuring that a medical device or product passes muster, passes an inspection, and is fit for the purpose for which it was made. This responsibility is on the people who make a medical device, and for the hospitals and doctors, surgeons and other medical professionals who will use these devices on individuals who come to them in the healthcare clinical practice.
Is There a Class Action Lawsuit for an Orthofix Defective Device?
There may be a class action lawsuit for defective Orthofix devices. Many people may have been injured by the defects in the Orthofix medical device, during their surgical procedures. If a product is defective from the manufacturer, then it contains a manufacturing defect that was not found out by the company that created the product for sale to the public. This is important to note, as it means that the manufacturer is meant to have protocols in place to ensure that a product does not leave the assembly line, or however it is made, without a quality control check in place to ensure its fitness for the purpose for which it is made.
That is a long sentence to say this: If a company is responsible for manufacturing a product that turns out to be defective, the company is responsible for all harm it causes. If the product is defective, that defect needs to be found out by the company making the product – not the consumer. The consumer is the patient and the patient assumes that the doctors check products, and understand when they are defective, before using those medical products or devices on a patient. The patient or person who is injured by a defective product is the innocent party in this scenario. How can a patient know that a product made by a manufacturer is defective? How will a patient understand a medical defect of a product? The answers are that the patient will have no idea that a medical device used in a surgical procedure is defective.
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How To Join a Class Action Lawsuit for an Orthofix Defective Device
You can join a class action lawsuit for an Orthofix defective device and accompanying personal injuries, by giving us a call today to discuss your claim.
Orthofix Defective Product and Product Failure
Any time that a medical device is wrongly manufactured to where it has a defect, there are going to be issues, problems and concerns for anyone using that project in a surgical procedure. A medical device can be defective by:
- Being physically flawed
- Being damaged
- Being incorrectly assembled
If this has happened to you, then just call our office today to discuss your personal injury claims from a failed Orthofix device.
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Orthofix Has a Design Failure, Manufacturing Defect and Medical Device Failure
The damages that you can suffer from a medical device that is defective, can range from:
- Medical expenses
- Disability
- Pain and suffering
- Lost wages and earnings
- Lost earning capacity
- Emotional harm
- Punitive damages
It is common knowledge that a surgeon is responsible for ensuring that a medical device or medical implant is safe, before its use. What is the surgeon meant to do? Take the medical device out of the box and just use it without inspecting it? This is a ludicrous argument to make, of course the surgeon, manufacturer, hospital and everyone involved in the person’s hospital procedure are liable at this point. If there are any questions about the liability of a company making a medical device, then, you need to give our office a call.
Average Case Value for an Orthofix Defective Device
Each case for a defective Orthofix device will be won on its own merits. That being said, you can expect to recover between $100,000 and $500,000, depending on the specific injuries of your claim. The doctor, medical device manufacturer and hospital are responsible for ensuring that all medical devices used in patient surgeries are completely safe and not defective. That means that the medical devices and hardware used in a surgical procedure cannot be:
- Defective in design
- Defective in parts
- Have parts that prematurely break
- Have misaligned parts
- Have parts that are missing
- Have parts that fall off
- Have parts that are inadequate for their surgical procedure purpose
- Were negligently made
- Required warnings before the part could be used on a patient
Statute of Limitations Time Limit to File for an Orthofix Defective Device
In California, the statute of limitations for a personal injury is two years from the injury. If an injury is not found out or discovered immediately after an accident or a loss, then the time runs from 1 year to when the date of the injury being discovered.
In the case of a personal injury to a person, the statute of limitations for a personal injury accident, wrongful death, assault, battery, intentional or negligent infliction of emotional distress, or for a wrongful or negligent act – the time period to bring a lawsuit will be 2 years from the date of the injury. Even though you have between 1 and 2 years to bring a lawsuit for incurring an Orthofix defective design, design failure, product failure, manufacturing defect and medical device failure, it is better to not wait to start a lawsuit on this type of case.
Can I Still File If I Am Injured by an Orthofix Device?
Yes, you can still file if you are injured by an Orthofix device. You will want to call our legal team, and our attorneys will work with you on this case. We are ready to review a winning strategy for your claim. We are also ready to initiate a lawsuit on your behalf, on the merits of your case.
Adverse Personal Injuries and Reactions to Defective Orthofix Devices
Orthofix product liability and defects can have many adverse reactions and adverse events. In the case of a medical device, there are many issues that can come up with a defective medical device, including:
- Trauma to the body
- Tumor formation
- Auto-immune disease
- Degenerative disc disease
- Spinal stenosis
- Deformities or curvatures
- Pancreatitis
- Degenerative disc disease
- Death
- Spinal stenosis
- Trauma
- Fracture
- Dislocation
- Pain and discomfort
- Pseudoarthrosis
- Hemorrhage
- Cessation of normal growth in the spine
- Spondylolisthesis
- Inability for the screws or bolts to work
- Loss of fixation
- Non-union of the medical device
- Neurological injury
- Fracture of the vertebra
- Vascular or visceral injuries
- Late loosening of any or some components
- Early breaking of the components
- Debris from the medical device breaking
- Abnormal sensations
- Post-operative changes in the body
- Infections in the body
Free Second Opinion
Even if you are working with some other legal office who has promised you a guaranteed result, you can still talk to us for a second opinion. We are here when you want a free second opinion on your case. When you give us a call, you are calling the right law firm. We have on our legal team attorneys who specialize in medical device product defect cases. You need to discuss the merits of your case with a lawyer with specialty in medical defect claims right now.
Call for a Free Consultation
You can call us today for a free consultation. We are here for you and ready to discuss your case with you right now. Your case needs the careful consideration that we can give it, and our legal team can make a winning plan with your settlement package, with our knowledgeable staff in place.