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August 31, 2020. Category: Unsafe Medical Devices

Defective Medical Device Lawsuits Do Not Require Proof of Negligence

Experienced Tampa Medical Device Attorney 

People tend to put their trust in the medical industry, in part because they are in a vulnerable state and need help.  It is only natural to assume that a medical device, perhaps one recommended by your physician, will provide relief.

In truth, however, medical devices — though built for a fundamentally noble purpose (i.e., customer health and wellbeing) — often fail to perform adequately, whether because the manufacturer “cut corners” or simply failed to consider certain safety-related aspects of its design.  In some cases, the device itself may cause or enhance injuries.

Florida law gives plaintiffs who have been injured by defective medical devices a path to recovery.  Let’s take a closer look.

Florida Product Defect Law is Built to “Level the Playing Field”

In Florida, product manufacturers — including medical device manufacturers — have a duty to ensure that they do not sell products that are unreasonably dangerous for their intended purpose (or in an expected manner).

If a product is unreasonably dangerous, then it may be defective — either through a manufacturing defect or a design defect.  The manufacturer must then either give a warning or correct the defect.  Failure to do so could give rise to liability.

Now, Florida law imposes strict liability in product defect cases.  What does this mean?  As a plaintiff, you need not prove that the manufacturer was negligent in designing or manufacturing the product at-issue.  Instead, you need only show that the product was defective and that the defect contributed to your injuries.

This makes it somewhat easier for plaintiffs to bring a successful defective medical device lawsuit against the manufacturer — but it simply “levels the playing field.”  In truth, manufacturers have significant resources which they use to hire experts and investigators.  They also tend to be aggressive in defending against product defect claims, so as to discourage others from coming forward with similar claims.

Contact Alley, Clark & Greiwe for Help Litigating Your Defective Medical Device Case

If you have been injured by a defective medical device (or had a pre-existing injury or condition exacerbated by the use of said device), then you may be entitled to significant damages under Florida law.  Litigating a defective medical device claim can be intimidating, and rather overwhelming for those unfamiliar with the process.

We’re here to help.

Here at Alley, Clark & Greiwe, our team has decades of experience working with injured plaintiffs in a range of litigation, including medical device disputes with large and powerful corporations.  We understand the unique challenges facing plaintiffs when bringing lawsuits against defendants who have extensive resources — both financially and in their industry — to fight the case.  Over the years, we have gained deep insight into the strategies necessary to secure favorable results for our clients, even when the defendant is “hostile” to the claim.

Ready to speak to a skilled Tampa medical device attorney at our firm?  Call us at (800) 840-0977 or contact us online to arrange a free initial consultation.  We look forward to speaking with you.

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