Florida Product Liability and Medical Device Injury Law
Individuals who were hurt by defective products have the right to hold manufacturers accountable for their injuries. If the product is a medical device, the victim may be able to assert a claim even though the area is regulated by the federal government. The product liability lawyers at Anidjar & Levine can help people in Fort Lauderdale and other Florida cities pursue lawsuits against manufacturers and any other entities that may be responsible for faulty hip replacements. Contact our office to learn more about your rights and how we can help.Bringing a Florida Claim Based on a Flawed Medical Device
If you are injured by a defective device in Florida, you may be able to hold the manufacturer liable for your harm. Companies are responsible for following certain standards and safety measures before placing their products in the marketplace. If an item is flawed and causes an injury, its maker may be legally responsible under a theory of product liability.
There are three different types of these cases. A manufacturer may be sued in a strict liability claim if a defect in its product creates an unreasonable danger to the user and was present when the product left the manufacturer’s control. In a negligence-based claim, a company can potentially be held liable if it had a duty of care to the consumer, breached its duty, and caused injuries and actual damages as a result. Alternately, a manufacturer may face liability under a breach of warranty claim if a product was unfit for its intended use as a result of a defect.
More specifically, medical devices must receive the approval of the federal Food and Drug Administration (FDA) before they are released into the stream of commerce. Three classes of these products were established by the Medical Device Amendments of 1976. The classes are based on the degree of control the FDA believes is necessary to ensure that an item is safe and effective. Class III devices are the most regulated, and certain hip replacements, such as metal implants, fall into this category. In many cases, a victim must allege that the product defect was a result of a failure to comply with an FDA regulation in order to hold the manufacturer liable.
For a product to be defective, it must have a:
- Manufacturing flaw, or a defect that occurred in the course of its production;
- Design defect, or an error in the actual blueprint of the device; or
- Marketing error, such as a failure to adequately warn of its potential dangers.
If you allege a design defect, you will also have to show that the manufacturer had a safer design available to it, that the alternative was economically feasible, and that the alternative design would have suited the product’s intended use.Compensation for Defective Hip Replacements
You can possibly recover damages for injuries caused by a defective hip replacement. You may be able to secure compensation for any necessary medical care, including revision surgery and physical therapy, any lost income from missed days of work, pain and suffering, and other forms of harm. The statute of limitations for injuries caused by a product is four years in Florida.Consult a Hollywood Lawyer Knowledgeable in Defective Product Claims
At Anidjar & Levine, we represent individuals in the Hollywood area and throughout South Florida who were harmed by faulty hip replacements. Our defective product attorneys can assert your right to compensation if a manufacturer’s defective medical device harmed you. We will thoroughly review your case and consult with experts to bolster your claim against a manufacturer or another at-fault party. Call our office today at (800) 747-FREE for a no-cost consultation. You can also fill out our online form.