Cochlear implants have been considered to be responsible for serious injuries, causing pain, discomfort and noise within the inner ear. The devices are meant to improve hearing in those who have trouble perceiving sound; the implants are placed into the ear via surgery and are lauded for their effectiveness, but there are numerous tales of misfortune and injuries in the wake of these surgeries. If you have received a cochlear implant and are suffering from any of the injuries listed below, contact our offices. We can offer a free case evaluation and help you determine the best course of action.
What makes the Cochlear Implant Defective
Cochlear implants, including the Hires90k, Cochlear Nucleus 512, and the Clarion II Cochlear Implant, have been known to cause serious issues. If you have received information from Advanced Bionics regarding the recall of your defective products, contact our defective product attorney law offices. These devices are known to have caused complete loss of hearing amongst their patients. Some children were even given the implant, but now suffer from diminished or complete loss of hearing. They are entitled to recovery for their losses.
Learn more about your options for compensation by calling 855-339-8879.
Implants made by Advanced Bionics that include parts made by Astroseal Products are considered defective because of their adverse complications. A product can be considered defective when it fails to conform to the manner it was intended. With Cochlear Implants, the FDA has asserted that the company failed to adhere to certain manufacturing standards. Further, there can be troubles that manifest during surgery.
The purpose of the device was to improve hearing loss. It was implanted behind the ear and was considered to be a revolutionary treatment solution. However, it has been found that moisture builds up and other variables have caused the device to malfunction, causing permanent hearing loss or making the current hearing condition worse.
Some of the injuries that you can suffer from a defective hearing device include:
- Total hearing loss
- Bacterial meningitis (swelling of brain and spine)
- Tissue death
- Facial nerve damage
- Leakage of spinal fluid
- Perilymph fluid leak
- Infection at the site of surgery
- Collection of blood, pus, and other fluids
- Vertigo and dizziness
- Tinnitus (ringing in the ears)
- Sensory trouble, such as problems tasting
- Ear numbness
- Inflammation and implant rejection
If you suffer such injuries, you should immediately get medical attention and contact a cochlear implant defect attorney at once.
Product Liability Injury Claim: Who is liable for my injuries
Liability in product defect cases can be passed to anyone who is a commercial reseller of the product. That includes manufacturers, distributors, and retailers. It is important to keep any documentation of your purchase, such as a receipt, credit card statement, confirmation email, shipping label, and more. This will help prove that you legally owned the product and you were the intended recipient or user.
There may be an issue during the design process, manufacturing process, or end-user process. If the implant was improperly designed or there was a problem during its creation, the company responsible for manufacturing it could be sue. However, if there were additional problems noticed after manufacturing, then there should be adequate warnings on the label to alert users and physicians to potential hazards and injuries.
If you were injured by a defective cochlear implant, you should make sure to have the implant removed, if possible, and hold on to the product. It will be the most important piece of evidence you have, in addition to medical notes and bills. You should take photos of everything and be sure to document all the troubles associated with the implant.
It is important to note that liability will not be extended to physicians unless they prescribed the defective product with knowledge of the problem. Generally, the commercial sellers of the product will be liable. It is important to discuss your claim with a product liability attorney to determine if you have a cause of action. Often times, your claim can be barred if not brought in a timely manner. It is important you discuss all these factors with your attorney.
Learn more about your options for compensation by calling 855-339-8879.
Symptoms of Cochlear Implant Defect
General symptom associated with this product can include:
- Loud noises inside the inner ear
- Device failure
- Cracking or popping noises
- Pain throughout your face or subtle shocks to your face
- Violent outbursts in children
- Reduced hearing in patients
If you feel these symptoms, you should immediately go to the doctor to get treated. The hospital can examine the issue and potentially remove the implant if it is causing severe side effects.
Class Action Lawsuit for Cochlear Implants
Your injuries from a cochlear implant are likely not unique. A defective product can be part of a whole batch of defective items, and if numerous people exhibited the same or similar symptoms and injuries, you could join a class action lawsuit against the responsible manufacturer. A class action lawsuit allows numerous plaintiffs to band together to sue one entity.
The plus to having numerous plaintiffs is the large amount of evidence that can be introduced to prove that the defendant is guilty. On the other hand, there is a shared settlement at the end, so you may receive less money, as the compensation will be divided among all the plaintiffs.
Compensation from a Defective Cochlear Implant Lawsuit
A cochlear implant defect can cause numerous injuries, whether pre-surgery or post-surgery. The value of your claim will be determined by an insurance agent who will consider the degree of your injuries and how impactful they were. If they caused you intense suffering, altered your daily life, or prevented you from going to work, your claim may be worth a fair amount of money. Once the insurance agent has made an offer, our team of attorneys will negotiate a better deal. We will strive to bring you the maximum coverage available for:
- Medical expenses, including hospitalization, surgery, medication, future treatments, and more
- Property damage, such as replacement costs for the implant
- Lost income from work due to absent days because of the injuries or future medical procedures
- Pain and suffering, including fear, anxiety, PTSD, psychological trauma, and more
In some cases, a family member or loved one may pass away due to complications from the implant. This tragic incident can open the door for wrongful death expenses, which allows you to earn coverage for funeral and burial costs, pre-death medical bills and pain and suffering, loss of consortium, loss of expected savings and inheritance, and more.
Statute of Limitations for a Defective Cochlear Implant Lawsuit
You have a statute of limitations of 2 years from the date of the injury to file a product liability claim against the company responsible for providing you with the malfunctioning item. If you do not file a lawsuit within this two-year window, you will not be able to secure any compensation at all.
It is important to note that there are exceptions to this statute; for example, if you were underage at the time of the injury, you would not have to adhere to the statute until you turned 18 years old. Further, you may have suffered such adverse side effects that you were left physically or mentally incapable of suing; in this case, you would adhere to the statute when you returned to functionality.
A skilled cochlear implant defect lawyer in Los Angeles can help you with understanding how much time you have left to sue and what your options are.
Choosing the Right Attorneys for Your Cochlear Implant Defect Claim?
If you or anyone you know has suffered injuries from a defective Cochlear Implant, contact a personal injury attorney at the Downtown LA Law Group. Our Downtown LA Law cochlear implant defect attorneys can help with your recovery. Our firm has the resources to fight for your rights and will aggressively hunt for your fair compensation. We will not give up on your claim and will not stop working until we are satisfied with the offer we receive. Product defect claims can be costly and timely to litigate and our offices have the resources necessary to litigate your cases and can help you understand your rights.
Call us today to set up a free legal consultation with an expert attorney. If you have questions about the legal process or if you need medical recommendations, we will gladly help you. We believe that all of our clients should be entitled to free legal advice available.
If you hire us to represent you, we’ll give you our zero fee guarantee, which promises that you won’t have to pay a single cent of your own money for the case. We will cover all the costs and will only be reimbursed and have our fees covered if we win. If we lose, we get nothing at all from you, and you can walk away debt-free to our firm while we eat the losses from the case.
For more assistance, don’t hesitate to get in touch with one of our qualified cochlear implant defect lawyers in Los Angeles at the Downtown LA Law Group.