In medical device product liability claims, a key component to any claim is the defendant. Naming the wrong defendant (one who is not actually liable for your injuries), though your injuries may be due to neglect on someone’s part, will result in that claim being denied.
It’s important to understand the different members of the “chain of distribution” for the defective medical device and who among them may or may not be liable for your injuries before you file your personal injury claim.
(Avoid These Mistakes When Filing Your Defective Products Claim)
Simply put, when a medical device is manufactured and distributed, every entity or individual in the chain of distribution (every point from manufacturer to consumer) shares potential liability in a product liability claim.
Here are a few points to consider:
Manufacturer: Developing a medical device is not as simple as is creating a power drill or a gardening tool. There are a wealth of technical challenges to overcome when creating new medical equipment. Manufacturers of such devices are often large entities. The pros of this include having a reserve of resources to cover liability claims; the cons are that there are also a team of lawyers to defend them.
Testing Laboratories: Any facilities that test the medical device. Keep in mind that in some cases, these are independent entities, separate from the manufacturer.
Medical Sales Reps: Manufacturers of medical devices typically employ sales reps that are dispatched to physicians and other medical professionals to promote the latest and greatest medical devices and offer recommendations for their applications. These sales reps might be liable if those recommendations include use of the medical device that injured.
Physicians: The physician that recommended use of the medical device that injured you could be liable if they failed to warn you about potential dangers or provide appropriate and accurate instructions regarding the proper use thereof. Always take notes when receiving instructions from physicians, especially when those instructions and warnings involve use of a recommended medical device.
Hospital or Medical Facility: A medical facility that effectively functioned as a part of the chain of distribution that led you, the patient, to use the medical device that hurt you could be liable for your injuries.
Retailer: Many medical devices are obtained through retail purchase, perhaps at a pharmacy or drug store. If you were injured by a medical device obtained at such a resource, it would function as the final point in the chain of distribution for the device from the manufacturer to you. In that case, the retailer in question could be liable for your injuries.
If you have been injured as a result of use of a medical device, you could be eligible to receive personal injury compensation. Finding a skilled personal injury attorney is of paramount importance if you wish to pursue damages in your case.
If you’re looking for an experienced Chicago personal injury lawyer to help navigate your personal injury claim, we will fight assiduously for your right to the compensation you deserve. Call Bizzieri Law Offices at 773.881.9000. The case evaluation is free, and we never charge a fee unless we recover damages for you.