Technological innovations in medicine have improved the lives of the people of Flint, Michigan, allowing them to better track and maintain their health, as well as by facilitating movement in the body and supporting critical functions of organs. Thanks to such medical innovations, Michiganders are able to enjoy longer and healthier lives.
However, unfortunately, there are mishaps in the design, manufacturing, or handling of medical devices that can cause them to be defective and stop working or even harm the individual who is using them. In such cases, people who have suffered harm due to a defective medical device have a right to pursue justice and fight for the compensation that is owed to them.
At Goethel Engelhardt, PLLC, our team of Flint, Michigan, compassionate personal injury lawyers has a history of delivering comprehensive legal services that help our clients procure financial compensation for the pain and suffering that they endured as a result of defective medical devices. Our deep knowledge of the Flint court system and Michigan state law allows us to hold large companies accountable for unsafe or negligent practices and to restore justice for our clients.
There are three categories that encompass all major product and medical device defects in the United States and in Michigan, which are manufacturing defects, design defects, and marketing (or warnings defects).
Design defects are due to the inadequate design of a medical device during its development. This can mean that the device was poorly engineered, which can result in the breakdown of the device during normal and correct use by the patient.
A design defect can mean that the device does not work as it’s supposed to or that it breaks down in a way that effectively harms the user. Such a defect will generally impact the overall function of the device at large and will not apply to individual devices.
Manufacturing defects happen when a medical device is not produced or fabricated in accordance with the design. This can be a result of improper tooling or machine coding, improper assembly instructions, or even incorrect part or material usage.
Marketing defects, or warning defects, are a result of poor labeling and instructions. Such a defect happens when there are certain hazards or side effects associated with a medical device that are not properly communicated to the end user.
Under the law in Michigan, it is currently challenging to file a product defect claim against a manufacturer. Michigan Compiled Law §600.2946(2) states that a harmed plaintiff cannot file a claim unless they can prove that the product was unsafe at the time it left the oversight or facilities of the manufacturer.
Therefore, it must be proven that there was a significant flaw in the design or manufacturing process that led to the product defect. Under the above-mentioned statute, plaintiffs are also required to submit alternative suggestions for how the product could be designed in order to have the same function and not cause damage.
Additionally, under Michigan Compiled Law §600.2946(5), many drug makers are excused from liability, except for violation of FDA laws, and therefore, many medical device makers will try to get their device classified as a drug. An experienced Flint, Michigan, lawyer can help individuals understand the challenges surrounding Michigan’s drug and medical device liability laws and how this could impact their own claims.
While it is not imperative to hire a personal lawyer to help file individual or class action claims regarding defective medical devices in Michigan, it is strongly advisable to do so. An experienced personal injury lawyer can help Michiganders work through confusing legal processes for pursuing compensation and help them strategize based on the specifics of their case.
In order to determine whether your case associated with a defective medical device is strong enough to file a claim in Michigan, it is generally advisable to speak with a personal injury lawyer. However, valid cases will typically include sufficient evidence to show that an individual was harmed as a result of the design, production, or labeling of the medical device.
In Michigan, the type of compensation that you may be entitled to based on your defective medical device case is determined by the details associated with your case. Therefore, it is strongly advisable to speak with a lawyer about your potential compensation. However, common types of compensation include financial compensation for medical services and transportation, income that was lost due to inability to work, and pain and suffering.
A: It is important to know that there is a deadline by which an individual must file their claim for a defective medical device in Michigan, known as a statute of limitations. The statute of limitations is typically 2 years from the date that the harm was inflicted due to the defective medical device. A personal injury can help you be sure that you are not overlooking any critical deadlines in your case.
No one should have to bear the consequences of a defective medical device alone. Our Flint personal injury lawyers at Goethel Engelhardt, PLLC are ready to help you build a strong case to prove beyond a reasonable doubt that harm has been done to you as a result of negligence or recklessness during the design, manufacturing, or handling of your defective medical device.
We will listen to your concerns, take down the details of your story, investigate to find out exactly who is responsible for your suffering, and help you to take meaningful steps towards getting compensation for your pain and suffering. Get in touch with a lawyer from our firm today to get started with your claim.
3049 Miller Road
Ann Arbor, MI 48103