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Proving the Existence of a Defect in St. Jude Mechanical Heart Valves
Product liability cases are predicated on proving the presence of a defect resulting in a significantly increases level of harm posed to the end user. Generally defect can be showing in three different stage of production. 1. Defect as a result of faulty engineering during the research and developmental phase of the manufacturing. 2. Defect in the manufacturing process – due to the use of inferior parts and or reduction in manufacturing costs in order to increase profit margins. A manufacturing defect can be shown when the final distributed device is markedly different and as a result poses a heightened risk of failure in comparison to the original design. 3. Labeling defect – Also known as the failure to properly warn consumers of known and or knowable danger in connected with the proper use of their product. In many instance medical device manufacturers knowingly withhold data pointing to the faultiness of their products in order to pass FDA approval or continue the sale of their product. Compensation Available for Victims of Defective Heart Valve Replacements: Patients fitted with the defective mechanical heart valve produced by St. Jude Medical are entitled to compensation for all harms they have suffered. Generally cases involving St. Jude Silzone Heart Valves have has a settlement amount between $150,000 and $250,000. The value of a case is based on several factors. Some of the most important factors in determining the value of a case include, the type of harm suffered, the medical costs associated with replacement and rehabilitation needs, loss of income and earning capacity, pain and suffering experienced, and availability for punitive damages. For more information on average compensation value for such cases see here… Defective Heart Valve Complications Resulting in the Death of a Loved One – Filing a Wrongful Death Lawsuit: Historically under the common law system of tort resolutions relatives of the deceased did not have a right to pursue damages form at fault individuals for the death of their loved ones. In response legislatures in most states across the country passed statutes allowing for loved ones of the deceased to file a wrongful death claim against liable parties. The compensation structure in wrongful death cases is dependent on the wrongful death statutes of the jurisdiction where the case is to be tried in. Cost of Hiring an Attorney To Represent You in the Court of Law: Our law firm works on a contingency fee structure. This means that our clients do not have to pay any out of pocket fees for our legal representation unless there is a successful resolution of their claim. Free Consultations Available: If you have any further legal questions regarding a potential claim against manufacturers of defective surgical implants resulting in serious post operative complications feel free to contact our law office toll free at (855)385-2529. All legal consultations are provided by our attorneys free of charge.Learn more about your legal options by chatting with a representative now.
Further Information: Statute of Limitations for Filing a Lawsuit against Heart Valve Manufacturers