Georgia Attorneys Handle Medical Device Defect Litigation

Knowledgeable Atlanta products liability attorneys represent individuals and manufacturers

Medical devices are designed to save and enhance lives. In most cases, they achieve these results. Unfortunately, some devices have hidden defects or cause health issues. This happens in spite of extensive and costly research and testing on the part of medical device manufacturing companies. The law provides some recourse to patients injured by medical devices and implants, but also protects businesses when they had no reason to know their product was harmful. At Kubanyi Firm, LLC, our attorneys represent both patients and manufacturers in disputes over defective design, manufacturing defects or inadequate warning.

Common defective medical devices

Medical devices are designed and manufactured to repair adverse health conditions in the body. The U.S. Food and Drug Administration (FDA) has jurisdiction over the sale of these products; however, they routinely approve medical devices that have not had thorough testing. Some of the most common defective medical devices that have been recalled and have been the subject of products liability lawsuits include:

  • Hip replacements, including metal-on-metal implants
  • Stents
  • Pumps
  • Cardiac defibrillators
  • Transvaginal mesh
  • IUDs and other reproductive health devices

Any type of medical or surgical device has the potential to cause harm. Whether the devices are used externally or are implanted in the body, they should be manufactured with patient safety in mind. Our attorneys work with injured patients to bring claims against huge pharmaceutical product manufacturers. We also use our knowledge of products liability law to defend manufacturers when their actions or devices are not to blame.

Understanding products liability lawsuits

Personal injury plaintiffs bring different types of claims depending on the facts of their case. Our attorneys have the knowledge and skill to bring these claims on behalf of an injured person or present a strong defense against these claims on behalf of a device manufacturer. Types of claims include:

Strict liability claim: This option allows an injured person to receive damages without the requirement of proof of negligence on the part of the defendant. Strict liability laws vary by state, but in principle, they allow claimants to obtain compensation by showing that their injuries were caused by a defective product that was manufactured or sold by the defendant.

Negligence claims: The basis of a negligence claim is that the defendant owed a duty of care to those who were going to make use of their product. In the case of defective medical devices, especially those that get implanted into the body of the consumer, the manufacturer’s negligence could fall under one or more of the following categories:

  • Faulty research and design
  • Insufficient product testing
  • Faulty manufacturing practices
  • Failure to issue a warning to discontinue use of the product when the dangers first became apparent
  • Failure to recall the product

As soon as a medical device has been found to cause problems or show defects, the manufacturer is required to notify the FDA and warn the public about the defect and the problems it has caused. Failure to notify the FDA about the known defect increases the chances that the manufacturer will be found responsible for later harm to patients.

Contact an experienced Atlanta products liability firm today

Call Kubanyi Firm, LLC at 404-991-3256 or contact us online to schedule your consultation at our Atlanta, Georgia office to discuss your products liability case and get answers right away.

Our Office

  • Atlanta Office

    Address

    3340 Peachtree Road
    NE 18th Floor - Suite 1800
    Atlanta, Georgia 30326

    Phone

    404-965-7112

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    Sherry and the Kubanyi office have been absolutely amazing. From the constant communication to the kindness and hospitality, they took the edge off of an extremely stressful situation. She was always real and never sold me something that sh...
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    This woman and her firm are the real deal. I fell for the tv ad and hired a lawyer that I never talked to. I fired that lawyer and never got a call asking why. One of my friends told me about attorney Sherry and from day 1 I knew I made a g...
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    Ms. Kubanyi is an excellent attorney. She represented me for a car crash. Not every case is worth a million dollars but not everbody understands that. What I know from personal experience is Ms. Kubanyi will fight to get you compensated fo...
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    Ms. Kubanyi took my case when no other lawyer would touch it. She fought hard for me for almost two years. Some days I was discouraged but she never gave up and so I did not either and she got me everything I wanted. She is powerful and foc...
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  • 5.0/5.0

    It was amazing to watch Sherry Kubanyi in action. She took charge of my case and negotiated on my behalf to secure the best terms possible. I felt safe knowing that I had an attorney who genuinely cared about my situation and was willing to...
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