Defective Medical Drug & Device Attorneys
The Unyielding Representation You Need
Choosing Oliver Bell Group to represent your medical product liability claim ensures that you have a seasoned advocate in a complex legal landscape. Despite our Michigan headquarters, we are heavily involved in litigation nationwide and take cases from across the country. The recent amendment to Michigan’s Product Liability Act (MCL 600.2946) has significantly changed the game for those affected by defective medical drugs and devices. Previously, the so-called “drug immunity law” granted pharmaceutical companies a blanket protection, preventing individuals from seeking justice for the harm caused by these products. Now, the legal barriers have been lifted, and companies responsible for producing faulty medical products can be held accountable. This is a pivotal shift, allowing for the pursuit of claims related to any medical product liability that occurred within the last three years.
Our law firm, with its extensive expertise in this particular field of law, stands apart from others. Representing clients for over a quarter of a century, we’ve been at the forefront of major nationwide product liability cases. Our firm has not only participated in these cases but has also been entrusted with leadership roles—a testament to our proficiency and trustworthiness in the legal community. Whether it’s flawed knee replacements, harmful birth control devices, or sleep apnea machines that have caused detriment, our team’s experience is unparalleled.
What Role Does The FDA Play?
There are many different kinds of cases involving medications or medical devices harming hundreds or even thousands of people. The U.S. Food and Drug Administration (FDA) routinely issues warnings or recalls for such projects.
But it’s important to remember that the FDA does not work for you – they are simply concerned with making sure such products do not harm people in the future. The FDA does not deal with making sure you and your family receive compensation for medical bills, lost income, and other expenses associated with your losses. Our firm can fight for the compensation you rightfully deserve.
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Potential Issues with Drugs & Medical Devices
Millions of people rely on medical devices or prescription medications to make their lives better. Unfortunately, many of these same products can cause serious harm. A dangerous drug can leave you seriously ill and hospitalized for weeks or even months. Defective medical devices can be just as dangerous, sometimes requiring life-saving, emergency surgery to fix or replace such flawed products.
If you or a loved one was injured or a loved one died because of a defective pharmaceutical product or medical device, you might feel like you’re the only one in the world going through such a frightening experience. But in reality, it’s likely that many others are dealing with the same problem, too. Quite often, several people sustain similar injuries or illnesses due to the same defective products. When such situations occur, you and all the other people harmed may be able to take legal action as a group against the company that made the product.
When such large-scale cases involve dangerous drugs or defective medical devices, these cases are commonly referred to as mass tort claims. Like class action claims, many people are often seeking compensation from a single company. But unlike class action cases, mass tort cases can be extremely complicated since the type and severity of the injuries caused by a similar project can vary widely from one person to the next. Importantly, unlike a class action, mass tort cases are considered individually and entitled to their own trial.
Large-scale mass tort cases might seem straightforward. A drug or medical device harmed hundreds or thousands of people. Anyone injured should be compensated. Unfortunately, companies accused of wrongdoing often push back against these kinds of claims. Sometimes, companies deny any wrongdoing. Other times, both sides cannot agree on how much money to pay injury victims and their families. And in many cases, such legal battles can drag on for months or even years, thanks to the army of attorneys many medical companies hire to defend their best interests.
Defective Drugs & Devices VS Medical Malpractice
When comparing medical malpractice to medical product liability, it’s important to understand that the two are distinct areas of law. In medical malpractice cases, the fault lies with healthcare professionals who deviate from standard practices, leading to patient harm. This is a matter of professional negligence. On the other hand, medical product liability pertains to the manufacturers and sometimes distributors, who release medical drugs and devices into the market that are defective and cause injury. Here, the focus is on the product itself rather than the conduct of a medical professional.