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Defective Medical Device Claims

South Carolina Law Firm Helps Victims of Dangerous Medical Devices

Knowledgeable Charleston products liability attorneys protect your right to fair compensation

Medical devices can save your life or improve the quality of your life, but they can also make you sick and kill you. There are medical devices that are defective, cause illness, pain and injury, and even death to the patient. How devastating might it feel to go through surgery only to discover that the implanted device is now causing you pain and making you sick? The trial attorney at The Law Offices of David L. Hood and co-counsel have extensive experience filing claims against the manufacturers of these defective devices, and we can get you the compensation you deserve for your injuries and your other losses.

Most common defective medical devices

Medical devices are designed and manufactured to repair adverse health conditions in the body. The U.S. Food and Drug Administration (FDA) has jurisdiction over the sale of these products, however; they routinely approve medical devices that have not had adequate testing. Some of the most common defective medical devices that have been recalled and have been the subject of products liability lawsuits include:

  • Hip replacements
  • Stents
  • Cardiac defibrillators
  • Transvaginal mesh
  • IUDs

If you or a loved one has been injured by a defective medical device, the attorney at The Law Offices of David L. Hood along with co-counsel have the experience to handle the complex task of taking on the huge pharmaceutical product manufacturers.

Products liability lawsuits

There are different approaches we can take, depending on state law, in pursuit of financial recovery for your injuries and losses in a products liability action.

Strict liability claims allow you to receive damages without the requirement of proof of negligence on the part of the defendant. Strict liability laws vary by state, but in principle, they allow you to obtain compensation by showing that your injuries were caused by a defective product that was manufactured or sold by the defendant.

Negligence claims are based on the premise that defendant owed a duty of care to those who were going to make use of their product. In the case of defective medical devices — especially those that get implanted into the body of the consumer — the manufacturer’s negligence could fall under some of the following categories:

  • Faulty research and design
  • Insufficient product testing
  • Faulty manufacturing practices
  • Failure to issue a warning to discontinue use of the product when the dangers first became apparent
  • Failure to recall the product

As soon as a medical device has been found to cause problems or show defects, the manufacturer is required to notify the FDA and warn the public about the defect and the problems it has caused. Failure to notify the FDA about the known defect is considered an act of negligence and may make the manufacturer liable for any illness, injury or death that occurs as a result of the failure of the device.

How can a products liability attorney help me?

If you have been injured by a medical device, it is vital that you take action immediately because there are statutory deadlines for filing a claim. The investigation will take time, so it is urgent that we start collecting evidence and interviewing your doctor and other parties concerned.

Your defective medical device claim could include compensation for the various losses you may have suffered including:

  • Current and future medical expenses
  • Lost wages
  • Pain and suffering
  • Diminished future earnings
  • Permanent disabilities

Our defective medical device attorney and co-counsel have access to medical experts, investigators and various other specialists who support us in getting fair compensation for your injuries.

Contact an experienced Charleston products liability lawyer today

Call The Law Offices of David L. Hood at 843-461-4528 or contact us online to schedule your consultation at any of our South Carolina offices or we’d be happy to meet you at your home to discuss your products liability case and get answers right away.

Our Offices
  • Charleston
    170 Meeting St.
    Charleston, South Carolina 29401
    Phone: 843-444-4663
  • Columbia
    1320 Main St., Suite 300
    Columbia, South Carolina 29201
    Phone: 803-227-4668
  • Georgetown Office
    601 Front Street
    Georgetown, South Carolina 29440
    Phone: 843-527-8010
  • Greenville (Downtown)
    220 N. Main St.
    Suite 500
    Greenville, South Carolina 29601
    Phone: 864-272-3992
  • Greenville (Millport at Butler)
    128 Millport Circle
    Suite 200
    Greenville, South Carolina 29607
    Phone: 864-272-3992
  • Hilton Head
    110 Traders Cross
    1st Floor
    Bluffton, South Carolina 29909
    Phone: 843-663-4040
  • Mt. Pleasant
    1240 Winnowing Way
    Suite 102
    Mt. Pleasant, South Carolina 29466
    Phone: 843-491-6025
  • Myrtle Beach Office
    1293 Professional Dr.
    Suite D
    Myrtle Beach, South Carolina 29577
    Phone: 843-444-4663
  • Murrells Inlet(Principal) Office
    11919 Plaza Drive
    P.O. Box 2070
    Murrells Inlet, South Carolina 29576
    Phone: 843-491-6025
    Fax: 843-357-0068
  • N. Charleston
    4000 S. Faber Place Dr.
    Suite 300
    N. Charleston, South Carolina 29405
    Phone: 843-779-7567
  • North Myrtle Beach Office
    1019 Highway 17 S.
    North Myrtle Beach, South Carolina 29582
    Phone: 843-663-4040
  • Rock Hill
    331 E. Main St.
    Suite 200
    Rock Hill, South Carolina 29730
    Phone: 803-227-4668
Treat you like family. Work to get you the results you deserve. Available 24/7.
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