Covidien medical device manufacturer issued a recall on its popular TRS single use stapling heads this past week. According to reports the device has the potential of injuring “adjacent anatomical” areas around or within the thorax region. Manufacturers are liable for the sale, use and or distribution of a defective product. If you have been injured from the use of this device contact a product liability attorney for more information, know your rights.
In certain cases a device failure can result in loss of life or the death of the plaintiff. In such cases his/her family will have a cause of action for a wrongful death cause of action. Wrongful death cases will allow the heir or family members of the deceased party to file a wrongful death lawsuit. If you feel that you have a wrongful death lawsuit it is important that you speak with a personal injury lawyer. Often times certain statute of limitations will apply to these cases.
A manufacturer will be liable when they put into the stream of commerce a product which is defective. It is not required that the manufacturer actually know of the defect. It is merely required that we show a defect existed. Additionally, if the manufacturer knows of the defect and fails to take any action i.e. recall of the item, then you can potentially pursue punitive damages against them for injuries. Product Liability v. Medical Malpractice: It is also important to remember that a product liability case is not the same as a medical malpractice claim. Medical malpractice claims are against the Dr. and hospital, while product liability claims are against the manufacturer. It is important to remember that you can pursue both claims, however each has different elements. Limitations on Recovery: Product liability claims are not subject to MICRA caps or limits for recovery. Additionally product liability cases have longer statutes as compared to medical malpractice cases. In order to determine whether you have a product liability or medical malpractice case a full evaluation of your entire medical file is necessary.
How do you asses case value? Case value is often assessed using the following key indictors get a better value or understanding.
These are a few factors used to asses case value. For example the age of the plaintiff and extent of injuries are two very important elements for case value. Generally if the plaintiff is young and the injuries are permanent then it will add significant value to the case. Each of these criteria must be evaluated properly. Regardless of the value we place on a case it is always up to the jury and judge to determine its ultimate value. Our goal is to maximize the value of your injuries based on what you have gone through and the impact it has had on your life.
If you have been injured there are some necessary steps you need to take immediately after to preserve your rights. Here is a list of the 5 important steps to take if you have been injured from a the use of the Covidien Thoracic TRS single staple device.
This is a condensed list of steps you should take following contact with this device. Make sure you contact the Downtown L.A. Law Group for a better understanding of your rights.
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