The defective medical device and medical implants attorneys at our law firm are currently investigating possible class action and single party claims against the manufacturers of the HeartMate II Left Ventricle Assisted System Controller. According to recently released studies conducted by the New England Journal of Medicine patients who had the device implanted experienced a four time increase in the prevalence of bloods clots in comparison to patients who had used the previous models. If you or a loved one experienced severe health complications including blood clots or strokes resulting from the use of the Heath Mate II devices
you may be entitled to financial compensation.
: Our attorneys are proud to provide legal assistance and representation to individuals who have suffered serious injuries due to the use of a defective product including defective medical devices. If you have any further legal questions and would like to speak with one of our representatives regarding your matter feel free to contact our law offices toll free (888) 649-7166
Cost of Legal Assistance
: All confidential legal consultations are provided free of charge.
What is a Class Action Lawsuit – Should I Join a Class Action or File a Single Party Claim
Class action lawsuit usually take place when there are a large number of victims with a similar cause of action against a single defendant. In a class action lawsuit a representative is chosen and will present her case as an example of all the other claims.
There are several factors which need to be evaluated and subsequently qualified in order to certify a class action. (1) A Large number of claimants. (2) The victims have a similar issue of law of fact against the defendant. (3) The class representative is able to adequate represent the claims of the other victims. (4) The claims of the representative and typical of the on class members.
Class action lawsuits place all the members of the class on an equal footing meaning that the settlement amount received will be divided equally amongst all the embers. Major potential issues which may arise is when the injuries of some of the class members are more severe. In those circumstances court will decline to provide for more compensation. Single party claims can be more advantageous because an individual is able to receive a settlement or jury award comparable to the severity of the harm he has suffered.
Wining Your Cases in the Court of Law – Product Liability Claims Explained:
Generally product liability lawsuits can be proven in one of three ways.
1. Proving that a defect existed in the original design of the product.
2. Proving a defect in the product was due to an issue with it manufacturing.
3. Labeling defect – failure to properly warn users of the medical device of the potential harm associated with its use.
Compensation Available for Victims of the Thoratec Heart Mate II Device:
Victims of defective medical device implants are entitled to financial recovery from all at fault parties including manufacturers and distributors of the item. Types of compensation available include, payment for all medical and health related costs, pain and suffering, loss of wages, loss of future income and possible punitive damages.
Statute of Limitations for Product Liability Lawsuit
Medical Device Lawsuit Information