defective product lawyer
Hernia mesh recalled – did you get your lawyer?
June 26, 2019

Medicines and medical devices have always been at the center of personal injury lawsuits, mainly because of the claims of being dangerous or defective. Though approved by the FDA, the manufacturers are liable for injuries caused by their products. Know about the laws in details, here.

Several medical products like pacemakers, catheters, artificial joints, hip implants, pelvic mesh, blood clot filters, insulin devices, and several others do carry certain risks. However, since these products are all approved by the FDA, the risks are ignored, and the benefits that outweigh the known risks are taken into account.

But then, why are the lawsuits filed? Why do people look for the best medical device lawyers? Why do they claim for compensation from these manufacturers?

Before we move on, let’s start with few terminologies:

  • Statute of Limitations: A statute establishing a period of time from the accrual of a cause of action (as upon the occurrence or discovery of an injury) within which a lawsuit must be exercised.
  • Inherently Dangerous: Of, relating to, or being an activity or occupation whose nature presents a risk of grave injury without the use of and sometimes despite the use of special skill and care.
  • Recall: A public call by a manufacturer for the return of a defective or especially unsafe product.

When are the drug and medical device manufacturers liable?

Some side effects of drugs and devices may cause injury and complications to users. If these adverse effects are already enlisted under potential side effects, it’s fine. But if not, then manufacturers are liable for these injuries and trauma under these conditions:

  • When drugs or devices are defectively manufactured – including every step of the process, from the factory floor to shipment.
  • When dangerous side effects occur, excluding the ones already mentioned in the warning label.
  • They are improperly marketed in a way that causes injuries. Drug makers often market a single drug for multiple uses.

Queries for your medical device lawyer:

  • Details of previous experience and success of similar cases.
  • Availability of financial resources to take up the case.
  • If the attorney is specialized in medical malpractice cases, or does he represent clients of other disputes as well.

On the same note, it is always advisable to shortlist lawyers who are specialized and experts in medical malpractice. Say, for example, hernia mesh attorneys must be hired exclusively for hernia mesh lawsuits. Likewise for Risperdal lawsuit, Risperdal attorneys are the best. And so on. If you are looking for specialized and best medical device lawyers for your exclusive medical lawsuit, Bernstein, DeCailly & Marshall, PLLC is the most trusted source to reach out to. Contact them on or call at 844-875-4747 for details.