What makes the Cochlear Implant DefectiveCochlear 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 (213) 389-3765.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
Product Liability Injury Claim: Who is liable for my injuriesLiability 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 (213) 389-3765.
Symptoms of Cochlear Implant DefectGeneral 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
Class Action Lawsuit for Cochlear ImplantsYour 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 LawsuitA 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