What to Do if You’ve Been Injured by a Recalled Medical Device

If a medical device that you are using has been recalled and you suffered an injury due to the product’s defect, you may have grounds for legal action. Through a product liability lawsuit against the device’s manufacturer, you can recover compensation for the economic and non-economic losses you sustained due to your injury. These may include past and future medical expenses, lost wages, and physical and emotional pain and suffering.

To secure compensation in a Kansas City product liability claim, you will need to gather enough evidence to establish four key facts.

  • You were injured or suffered losses.
  • The medical device is defective.
  • The product’s defect caused your injuries.
  • You were using the product as the manufacturer intended.

As soon as you realize that you have been injured by a recalled medical device, it is important to remain calm and find help. Seek medical attention as soon as possible and save all records related to your treatment, injuries, and replacement device, if applicable. Start a journal and record how the injury has impacted your financial, physical, and emotional well-being each day. After receiving treatment for your injury, contact a Kansas City product liability attorney as soon as possible.

A lawyer can provide several benefits to your case, including resources to conduct an investigation and access to expert witnesses who can testify on your behalf. Your attorney can also gather enough evidence to craft a compelling case for your right to compensation. 

Spencer Eisenmenger
Helping Kansas City area medical malpractice, product liability, birth injury and personal injury clients.