In the United States, federal and state agencies, including the California Department of Public Health’s Food and Drug Branch, are responsible for ensuring that the drugs and medical devices we use every day are “safe” and effective. However, even with government scrutiny and strict regulations, the sad reality is that sometimes the products we count on to help us feel better sometimes do more harm than good. If you or a loved one has been injured by a defective drug or medical device, the personal injury team at LawPLA is here to help.
Understanding How The Law Defines Medical Devices and Drugs
Before we can do anything else, we must determine whether the product that caused the injury or injuries meets applicable legal definitions. In other words, we assess whether the medical device or drug complies with safety laws, and even it does, we further inquire into whether the product or device is truly safe.
Under the Federal Food, Drug and Cosmetic Act, the definition of an item is based on its intended use. Within this context, a drug is defined in pertinent part as “articles intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease” and “articles (other than food) intended to affect the structure or any function of the body of man or other animals.”
Within the same context, a medical device is defined as “an instrument, apparatus, implement, machine, contrivance, implant, in vitro reagent, or other similar or related article, including a component part, or accessory” that has certain characteristics. The most important of these is that it does not have to be absorbed by the body or changed through chemical processes in order to work.
Your Legal Options In Defective Drug And Medical Device Cases
During your initial consultation, one of our personal injury lawyers will talk to you about your injuries and determine whether you have legal recourse to seek compensation for your injuries. Some of the factors that we evaluate include but are not limited to:
- Whether the product label/instructions contained sufficient warnings regarding harmful effects;
- Whether a manufacturing deficiency caused or contributed to the harm sustained;
- Whether improper or ineffective design contributed to the harm suffered.
If one of our attorneys concludes that you do have a viable case, he or she will explain your legal options and the best potential strategy.
Who Can Be Sued In Defective Drug And Medical Device Cases?
One of the most common questions our clients ask when seeking legal advice and/or representation in defective drug and medical device cases is, “Can I obtain compensation for my injuries?” The answer depends on the unique circumstances of each person’s case. However, defendants who can compensate you for your injuries are usually:
- The company that made the medical device or drug that caused the injury/injuries;
- The laboratory that tested the device or drug in question;
- A medical or pharmaceutical sales representative who convinced your doctor to use the device that caused the injury/injuries;
- Your doctor (in certain circumstances);
- A hospital or clinic (in certain circumstances);
- A pharmacy or drug store (in certain circumstances).
Contact The Best California Defective Drug And Medical Device Attorneys Now
Because there is so much at stake, the companies that make drugs and medical devices have skilled, experienced, and expensive lawyers to defend them in defective drug and medical device claims. To get the compensation you deserve, you also need attorneys who are able and willing to fight for you. The difference is we do not charge our clients in these kinds of cases in advance. We get paid only if we get a recovery for our clients. Contact LawPLA to schedule a free consultation and learn more about how we can help you today.