Joining a Mass Tort Case for Defective Medical Devices
Provided by HG.org
When the defective medical device harms enough individuals, these groups may band together and create a mass tort case to pursue financial recovery to make them whole. Through communication and contact with legal professionals, each person may add to the case and increase the possible damages based on the specific issue.
Class action or mass tort cases involve many different factors and often contain a variety of elements to include multiple victims. When the claim is due to the injuries that defective medical devices cause, the aggrieved could also encompass a company, healthcare facility or hospital. The different types of injuries may create dissimilar claims. Economic and noneconomic harm to a company or facility may not have any specific patients physically harmed due to device damage. There is generally a group of lawyers that work together which may communicate with the company or individual that needs to join the mass tort case. The witness statements and other evidence accrued until needed in the courtroom.
When a person receives injuries due to the medical equipment provided by advice, prescription or through treatment, the individual patient may feel confident that his or her doctor is providing the best care. However, if there is a defect in design, many of these patients will suffer physical or emotional trauma from standard use. Then, the medical facility may become involved in the damage. The patients will lose faith and refuse to seek medical care at the same hospital. One of the types of injuries that a mass tort may include is the reputation and publicity of negative consequences from these devices that harm those using them through standard means and instructions.
The Tort Case Explained
When a single person needs to join a mass tort case, he or she may contact a lawyer unconnected as a point of reference, or he or she could communicate with the lawyers attached to the case itself. The individual may need to wait until one of the professionals is able to interview him or her. The details of the injury from the defective medical device must have a relevance to the mass tort case subject matter. If the injury or circumstances do not have a direct connection or relation, the individual may need to sue the company or person separately.
The mass tort will generally use experts, other professionals and witness testimony as well as the evidence from each incident with the victims. For cases with physical harm, the evidence will support the defective materials or design. In cases where the device did not have any defects originally, it could involve a situation where transport or the point of sale caused the problem. It is critical to identify the responsible party so that damages owed come from the company or person and the case has a higher chance of success. The lawyers may need to investigate the matter fully with each witness and victim long before the case goes to court.
The Connection to the Tort
When a person needs to sue a person or company for a defective medical device that caused him or her harm, he or she may consider joining the mass tort case. However, after an interview with the legal team, the individual may need to explain how he or she has a connection to the case. Evidence is important, and medical records about the injuries or damage caused may provide a basis for the relationship to the tort or refute any association. Before becoming another witness and victim, the person must have a related case. If the device has a defect that heats up and burns the patient, the new addition must have a similar injury or defective machine. However, if his or hers does burn him or her but in another manner, this could become enough of a deviation that disqualifies a connection to the tort.
Proving the Defect and The Legal Team
For a defective medical device tort to win in a court of law, the legal team must prove that the defect caused the injury to the victim. In a mass tort, it is possible to provide a staggering amount of evidence to prove to the judge or jury panel that the defendant is responsible for the damage. However, proof of the defect is necessary. A lawyer hired by at least one of the victims will present the case and demonstrate how the defective problem caused the injury through standard or instructed use.
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer.