Serving clients in Fayetteville and all of NW Arkansas
Billions of dollars are invested every year in the medical device market. Companies are constantly trying to improve on medical devices and importantly sell their devices on the medical market. While these devices are designed to help patients regain movement or functionality in some serious cases they can cause more damage than they fix and result in serious injuries and even death.
If you have experienced any complications or injuries as a result of a defective medical device, don’t wait to contact an attorney immediately. Ken Kieklak, Attorney at Law have been representing injured patients for over twenty years.
Examples of Dangerous or Defective Medical Devices
Anytime that a non-natural device is implanted inside the human body there are potentially dangerous results. In rare cases, the very devices that are designed to help a person, causes severe injury and even death. Despite strict federal regulations about the design and manufacturing of medical devices, there are constantly reports of people being injured, or devices being recalled because they are considered to have unreasonably dangerous side effects.
Some of the devices that have been part of litigation and complaints include:
• DePuy ASR metal-on-metal hip implants
• Mirena IUD birth control devices
• Biomet M2A and M2A-Magnum hip implant
• Smith & Nephew R3 Acetabular hip implants
• DePuy Pinnacle hip implants
• Wright Conserve hip implants
• Zimmer Durom Cup hip implants
• Stryker Rejuvenate and AGB II metal-on-metal hip implant modular neck stem
These devices were designed and intended to save peoples’ lives, however all too often there are complaints and tragic stories of product-related injuries and death. Ken Kieklak uses his years of experience to investigate injuries that are caused by defective medical devices and products.
Defective Knee and Hip Replacements
Some of the most common implants are knee and hip implants. These devices are intended to help a patient regain movement and functionality of their hips, legs, and knees. Those who have successfully had a knee or hip replacement will often report that they feel that they are a new person. However, those who undergo the painful surgical procedure to have an implant installed and then suffer complications will report that opposite, that a defective knee or hip replacement has ruined their life.
The Federal Drug Administration approves the vast majority of new knee and hip implants through the 510(k) program, however, there has been sufficient clinical evidence that questions this program’s effectiveness as well as highlighted obvious flaws in the system. Hip and Knee devices that gain clearance under this program only need to be “substantially equivalent” to a device that is already on the market. This poses many potential problems because while a product may be substantially equivalent, it does not entail that the company has invested the time and effort in development and testing as another company may have done, however, despite the grave consequences, many manufacturers take advantage of this program.
How Long Do You Have to File a Case for a Defective Device?
Injuries resulting from a defective medical device can be some of the most debilitating injuries. Not only is there the possibility that you will have to undergo further surgery, but there are significant risks for infection, trauma, and even decreased functionality. Injuries from a defective medical device can even result in death. However, no matter how minor or severe the injury is there is only a certain amount of time that you can file a case for a defective medical device.
In Arkansas, the statute of limitations in a product liability case, including those for medical devices is set at three years from the date that the person knew or should have known he or she suffered an injury. While this is generally considered a very strict rule and those who wait to file a case past the statute of limitations may find that their case is rejected or they are barred from recovering any compensation because they waited too long to file their case. However, there are potential exceptions to the Arkansas three-year statute of limitations, and many of these are directly applicable to those who have had a medical device implanted. One of the problems facing many who have had a medical device implanted is that the device functions normally for an extended period of time, and therefore if you were to apply a strict definition of the statute of limitations then a person may be barred from filing their case. However, because the statute of limitations includes language that includes when the person knew or should have known of the injury, this time, the limit may be extended to the point when the person became aware of their injury. Thereby, allowing a person to recover for their injuries even if the device was implanted years ago.
Rely on the Experience of Bentonville Defective Medical Device Lawyer Ken Kieklak
If you or a loved one has been hurt by a faulty implant or medical device, you don’t have to accept the burden and suffer on your own. To speak with an experienced attorney, call Ken Kieklak at (479) 439-1843, or contact us online.
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