Injury Lawyer Serving Boulder, Longmont, Broomfield & Surrounding Areas in Colorado
When you or a family member seek medical help that results in needing a medical device or a prescription, you should receive the proper care. However, when you suffer because of the device or drug, you may have been treated with a defective medical device. This is something that can cause horrible pain, bleeding, repeated surgeries, and even death.
If you believe that you have been given a defective medical product, you have legal rights and should seek compensation. Our attorney, Christopher W. Jeffress, has more than 20 years of experience with defective product lawsuits and can help you and your family seek justice. Contact us today for a free case review by calling 303-993-8685.
What Are Defective Medical Products?
A defective medical product is anything that causes more harm than is does good. This can include any prescription drug, medical device, medical implement or machine. The defect may have occurred due to the manufacturing of the product, the implantation of it, the improper use of it, or its failure to actually do what it's supposed to accomplish.
Some of the most common defective medical products include the following:
- Dangerous drugs:Â Drugs that were falsely advertised, falsely labeled, caused harm, or don't do what they say they will.
- Defective hip or knee implants:Â When a person receives a hip or knee replacement, they are often made up of multiple pieces. Sometimes, one piece or the entire implant can fail or even cause a horrible allergic reaction.
- Defective medical products:Â This can include anything that has been implanted for medical purposes, such as: stents, pacemakers, birth control types, IVC filters, and transvaginal mesh.
Defective medical products can also include implantable tubes that migrate, medical systems that don't work, and even robotic surgery that fails.
"I was hit by a car while riding my bicycle. I had an injury that required surgery and physical therapy, not to mention replacing my totaled bike. Chris helped me to get the compensation I was due from my accident. I know with his expertise I did better than if I had pursued working with the insurance companies on my own. He was patient and realistic, and his staff was considerate and kind to work with. I would definitely recommend him to work with anyone who needs help navigating situations where legal knowledge would help."
When to Seek Justice
When you've suffered because of a defective medical device, it may mean that you have to repeat the surgery you already had. It can also mean having things removed and replaced or having undergo multiple treatments to recover from how the dangerous drugs affected you. When these things occur, it can be painful and very expensive, so please don't hesitate to seek compensation.
Our attorney spent 7 full years of his 25-year career doing defective product cases, so he has the insider information that can help you. Also, at Jeffress Law, there is one attorney, so you will always be given personal attention and never be treated like a number. Mr. Jeffress will do thorough research in order to properly approach your case.
The first thing you should do is contact your device provider and doctor to learn more about the recall. Furthermore, if you have sustained an injury, financial loss, or other damages as a result of the defective medical device, you can contact our law office in Boulder, CO.
Generally, no, physicians are not legally responsible for defects in medical devices. The defects and the harm they caused are the fault of the manufacturer, which a lawyer can help you discuss in detail. In a majority of cases, claims are filed against the device manufacturer, not the prescribing physician.
MDL stands for “multi-district litigation,” and it arises when multiple claims for the same issue are filed against a defendant. This consolidates all of these cases into a single case, which can help make the legal process more effective. It can also ensure that those seeking legal justice receive fair compensation.
If a loved one had wrongfully died due to a defective medical device, the legal representative of their estate must file the claim.
You can use the Food and Drug Administration’s Medical Device Recalls Database to search for recalls. Furthermore, the manufacturers of the defective devices are obligated by law to contact patients and inform them that a device has been recalled.
A defective device does not perform its intended purpose and poses health risks to users due to improper design or manufacturing. Any medical device with a flaw that makes it unsafe to use is defective.
Defective medical product claims are typically built on three main legal theories: negligence, strict liability, and breach of warranty. Negligence occurs when a manufacturer, distributor, or another party fails to exercise reasonable care in designing, producing, or warning about the risks of the product. Strict liability applies when a product is shown to be defective and unreasonably dangerous, regardless of the manufacturer’s intent or care. Breach of warranty arises when a product fails to meet the promises or guarantees made by the manufacturer, either explicitly or implicitly. Our lawyers assess your case to determine which of these legal bases applies, ensuring your claim is supported by evidence and aligned with Colorado law.
Proving harm in a defective medical product case requires a thorough investigation to connect the product's defect to the injury. Our experienced legal team gathers key evidence, such as medical records, expert testimony, and documentation of the product's defect. They collaborate with medical professionals to establish that the injury or illness would not have occurred if the product had been safe for use. To demonstrate damages, our lawyers present proof of the financial, physical, and emotional toll caused by the defective product—this could include medical bills, lost wages, ongoing treatment costs, and the personal impact on your life.
Recalls and safety alerts can serve as crucial evidence in your case. When a product is recalled or a safety alert is issued, it shows that the manufacturer or regulatory agencies have acknowledged potential issues with the product. Your attorney can use this acknowledgment to strengthen your claim by demonstrating that the defect was recognized, and that it directly contributed to your injury. Even if a product was not officially recalled, evidence of complaints or warnings from other users can still be used to establish a pattern of problems. These details help build a compelling argument that holds the responsible parties accountable.
In Colorado, the statute of limitations for defective medical product claims typically allows two years from the date of injury to file a lawsuit. However, some exceptions may apply. For example, if the injury or defect was not immediately apparent, the timeline might extend based on when the harm was discovered. This is known as the "discovery rule." Since these time limits are strict and missing the deadline can prevent you from pursuing compensation, it’s wise to consult with an experienced lawyer as soon as possible to evaluate your case and protect your rights.
Yes, alternative dispute resolution (ADR) methods, such as mediation and arbitration, are often used to resolve defective medical product claims without going to court. Mediation involves a neutral third party who facilitates discussions between you and the manufacturer to help reach a mutually agreeable settlement. This process is typically less adversarial and more collaborative. Arbitration, on the other hand, is a more formal process where an arbitrator reviews evidence and makes a binding decision. ADR can save time and legal costs while allowing for a quicker resolution, but it may not always yield the same results as a trial. An experienced lawyer can guide you through the process, ensuring your rights are protected and that any settlement reflects the full extent of your damages.
Consult with Jeffress Law Today!
For help, please contact Jeffress Law today. We will seek compensation for your suffering, medical expenses, repeat medical procedures, medications, and more. Please contact us today by filling out the form on this page or calling 303-993-8685. We proudly serve clients in Broomfield, Longmont, Boulder, and the Metro Area.