Numerous product liability lawsuits have been filed against manufacturers of Cochlear hearing ear implants. Every so often, there is news of cochlear implant lawsuits settling for millions of dollars. In general, cochlear implant claims arise from significant harm; therefore, it is common for these cases to reach impressive settlements and verdicts. At Downtown L.A. Law Group, we handle product liability claims, and over the years, we have handled a number of defective cochlear hearing implant lawsuits. The parties that reach out to us for guidance with the defective cochlear hearing implant come with us with many questions. Some of the most common questions asked by our clients to our defective product attorneys are, relevant to the potential value of the claim.
These questions include the following:
- How much is my defective cochlear implant case worth?
- What is the potential value of my defective cochlear implant lawsuit?
- Could I recover any compensation if I was harmed by my defective cochlear implant?
- What type of compensation can I receive?
- Is there a preset case value for claims similar to mine?
- What determines the type and amount of compensation that I could be awarded?
If is difficult to determine the exact value of a case as there are numerous interlinking factors that can and often do change over time. However, an experienced attorney can present your with a rough estimate of the potential recovery possible if a claim is filed. Below, we will present you with some of the most important factors involved in determining the potential value of your case. If you have any further questions after reading this article, feel free to contact our law firm toll free (855) 339-8879.
Key Factors in Establishing the Estimated Value of a Product Liability Lawsuit:
For many people, understanding the potential value of their claim is essential in making the decision to sue. Although monetary compensation will never reverse the harm suffered, it can help the victim and his or her entire family move forward from such a traumatic experience. The legal process can be complicated and stressful; therefore, the potential outcome in terms of monetary compensation must be worth going through the legal process.
To understand the potential value of your defective cochlear implant case, you should be familiar with the different factors that can affect what the case is worth:
1. Extent and Severity of the Injury: the potential value of the claim is largely based on the extent and severity of the injury suffered. For instance, minor injuries that will lead to full recoveries will almost always be worth less than more severe injuries that only lead to partial recoveries. A calculation for the severity of the injury will likely be based on the medical diagnosis by a trained physician, medical bills, hospitalizations, and necessity for medication and rehabilitation care. Depending on the injury, prospective medical expenses for future care might also have to be accounted for – the more expenses associated with the harm suffered, the higher the potential value.
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2. Pain and Suffering: some cases victims of personal injury, such as injuries caused by defective products, are entitled to compensation for pain and suffering. Compensation for pain and suffering is essentially a form of compensation for the mental and emotional trauma arising from the incident. Compensation for pain and suffering could be granted for depression, anxiety, PTSD, embarrassment, and fear, for example. Many jurisdictions calculated the monetary recovery for pain and suffering via a per diem process. A dollar amount for each day of pain and suffering is multiplied by the amount of days an individual has to suffer. For example a jury places a daily monetary average of $500 multiplied by the amount of days the individual is and will continue to suffer 1,500 days. Thus the calculation woull be $500 x 1,500 = $750,000 (note: this amount is hypothetical).
3. Lost Wages and Loss of Future Income: Victims of defective product injuries could be entitled to recovery for lost wages as well as loss of future income. A jury will determine the value of lost wages by calculating the days the victim has missed from work multiplied by the average salary during those days. A calculation of loss of future income can be more difficult; usually a vocational expert will be brought in to determine the estimate lifetime financial loss to an individual due to disabilities caused by injuries suffered. Loss of future income is generally awarded in cases in which the victim will never be able to work at all either because of death or the severity of the injury. If the victim will never be able to perform the same type of work due to the injury, loss of future income will also likely be awarded.
4. Life Impact – how did the harm suffered affect the victim and his or her entire life? In cases in which severe injuries occur, victims can be left permanently disabled or impaired in a way that they will never be able to have the same quality of life as before the incident. Individuals who have sustained permanent injuries may require disability care which can cost tens of thousands of dollars each year. Multiplied by the amount of years an individual is expected to live, life time costs can run into the hundreds of thousands or even millions of dollars. Examples of disability care include, home and nursing care, transportation expenses, specialized schooling, and physical therapy. In addition, things like being unable to do sports or participate in the same hobbies as prior to the injury, can also affect the value of a claim.
5. Punitive Damages: Punitive damages are awarded in instances where the manufacturer of a medical device knew of the potential risk of serious injury but failed to either (a) warn the consumer of the danger or (a) failed to correct the measure before distribution to the general public. Punitive damages are only awarded in cases of gross negligence. Punitive damages are designed to force a negligent party to change their behavior and to prevent similar incidents from reoccurring.
Examples of Past Defective Cochlear Implant
If you are interested in pursuing a claim for the harm you or a member of your family suffered in association with a defective cochlear implant, it is important that you are familiar with some of the past settlements and verdicts. Consider some of the following case results:
- In 2013, a young girl was awarded $7.25 million for the harm she suffered because of her defective cochlear implant. The cochlear implant malfunctioned and shocked her multiple times (at least three times total). The shock was so severe that the girl was thrown to the ground, both vomiting and convulsing. An electrical short in the device caused the issue.
- In 2007, the FDA sued Advanced Bionics and the company’s CEO for failing to get approval for a component used in their cochlear implants. The component that the company implemented to their products caused excessive moisture and put users at severe risk of suffering harm. The company allegedly still sold and shipped the defective cochlear implants even after they were recalled. The company was ordered to pay $1.1 million, and the company’s CEO was ordered to pay $75,000.
- A lawsuit was settled for an undisclosed amount after a defective cochlear implant harmed a child. The cochlear implant failed because of an issue with the device’s hermetic seal. In other words, water leaked into the device and resulted in electrical failure (the device was supposed to be waterproof). The defective product resulted in the head for the child to undergo additional open-head surgeries.
Although it can be beneficial to be familiar with past settlements and verdicts, you should never make assumptions regarding the potential value of your claim simply based on past cases. All cases are different and should be treated as such. As mentioned above, the value of your claim will always depend on the details of your claim; therefore, you should never make any assumptions regarding the value of your claim – instead, you should discuss your claim with an attorney.
The Need for Legal Assistance
If you or a member of your family suffered harm because of a defective cochlear implant, you will likely have grounds to pursue a claim. You might also have many questions regarding the possible value of your case. If you are interested in learning more about the potential value of your claim, do not hesitate to contact our law firm at your earliest convenience.
At Downtown L.A. Law Group, we have many years of experience handling defective product claims, including defective cochlear implant claims. When you contact our firm, our experts will evaluate your claim and ensure that you have a thorough understanding of the compensation that you could recover as well as the process that you will need to follow to reach a successful claim outcome and win that compensation. To discuss your claim with our experts, contact us today. Our firm offers free consultations and free second opinions to ensure that all parties have access to the legal representation that they need to start or continue their claims. If you would like to benefit from these free legal services, reach out to our firm immediately.
Our Zero-Fee guarantee ensures that our clients will never have to worry about paying any upfront legal fees for any of our legal services. Because our firm is also based on contingency, our clients will never have to pay anything until after their claims reach successful outcomes – if you do not win, you will not pay. For more information regarding the possible value of your defective cochlear implant lawsuit, contact Downtown L.A. Law today.