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Rockford, IL Defective Medical Device Injury Attorneys

Stephenson County medical implant defective product liability law firm

Winnebago County Product Liability Lawyers for Victims of Defective Medical Equipment

When a patient being treated for a health condition suffers serious injury or wrongful death, the cause can often be traced back to a defect in a device that was used at some point during the diagnosis, prevention, or treatment process. Defective medical equipment causes numerous injuries and fatalities each year, and the desire for manufacturers to profit from increased demand has led to a growing number of defective medical devices hitting the market, putting more and more consumers at risk.

At Mannarino & Brasfield, A Division of Schwartz Injury Law, we have witnessed the rise in severe injuries and fatalities related to medical devices in recent years, and we have helped numerous victims secure just compensation. Our attorneys have in-depth knowledge of this area of the law and what it takes to prevail in even the most complex cases against well-funded adversaries. We have a strong track record of success with these types of cases, and we have the experience, resources, and dedication to provide the skilled representation our clients deserve.

The Flawed Medical Device Approval Process

New medical devices are coming online at an accelerating rate. The speed at which many of these devices reach the market is largely due to the FDA's expedited 510(k) approval process. This process allows for faster approval of devices and equipment that are similar in design to existing products already on the market. For manufacturers, the process is quicker, less expensive, and does not require the amount of testing that would normally be necessary to gain FDA approval. For consumers, however, it has meant a greater number of dangerous devices on the market.

The Journal of American Medical Association conducted a study of Class 1 (highest risk) medical device recalls over a four-year period from 2005 to 2009. The study found that out of 113 Class 1 recalls, a vast majority of them (71%) were approved through the expedited 501(k) process.

Proving Fault in Defective Medical Device Cases

Defective products cases such as those involving medical devices are different from other types of personal injury cases. To be successful, it must be demonstrated that the device was defective and that this defect resulted in the plaintiff being harmed. This is often done by showing one or more of the following:

  • There was a flaw in the product design;
  • The manufacturer failed to warn consumers of the flaw; and
  • The manufacturer failed to recall a product that was found to be dangerous.

Speak with a Compassionate Belvidere Medical Devices Lawyer

At Mannarino & Brasfield, A Division of Schwartz Injury Law, we understand the enormous physical and emotional toll defective medical device injuries have on victims and their families, and we do everything possible to make the legal process smooth and seamless. We offer free consultations, and we answer your questions throughout the process as your case progresses. We also take each personal injury case on a contingency basis, so you never have to pay upfront attorney fees.

If you or a loved one has been the victim of a medical device injury, contact us today at 815-215-7561 for your free consultation. We serve clients in Rockford, Winnebago County, Freeport, Belvidere, Winnebago, Loves Park, Byron, Rochelle, Oregon, Boone County, Stephenson County, Ogle County, and throughout Illinois.

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