Defective Medical Devices

At the Law Offices of John C. Manoog, III, our dedicated Cape Cod products liability lawyers have been representing people harmed by defective medical devices and other dangerous products since 1994. Bolstered by over 146 years of experience, our team is determined to vigorously assert the rights of victims who are recuperating from their injuries. Our clients can rest assured that we are working to pursue the full amount of compensation that they are entitled to receive under the law. We have a strong history of success in personal injury cases that includes a number of six- and seven-figure settlements in a variety of claims. Our lawyers guide accident victims through the legal process with professionalism and personalized attention.

Whether it is a faulty pacemaker or a poorly constructed artificial hip, defective medical devices can cause significant injuries, long-lasting medical conditions, and even tragic deaths. In many cases, the people who use these complex products have no idea that the device on which they are depending is malfunctioning, exacerbating the severity of the injuries. Massachusetts law gives a person harmed by a defective medical device a right to seek compensation from any parties that may have been responsible. These typically include the device manufacturer, its marketer or retailer, and potentially the doctors involved in selecting the device. Products liability cases give injured people an opportunity to seek damages to cover medical bills, missed wages due to time away from work, pain and suffering, and emotional distress, among any other forms of harm that they may have sustained.

Product makers and sellers owe the public what courts call an “implied warranty of merchantability” for their goods. This means that a product is expected to work properly for some period of time and that the manufacturer and the seller are on the hook for any injuries that happen if the product malfunctions during that time. A product defect may exist in a number of ways, from poor design or problems with its production to inadequate safety instructions and warnings.

In order to prove liability under the implied warranty of merchantability, an injured person first needs to show that he or she was using the product in a way that was reasonably foreseeable. In medical device cases, the victim must establish that the device was marketed as a solution for the problem or condition that it was used to treat. The injured person also must show that the device was defective and that the defect directly caused the harm. In many situations, expert testimony may be important in proving these elements of the claim.

At the Law Offices of John C. Manoog, III, our Cape Cod products liability attorneys understand the complexities of defective medical device and other personal injury cases. We are dedicated to helping our neighbors on the Cape and across the state in their times of need. Our injury lawyers offer free consultations at our offices in Hyannis and Plymouth. We can also meet with you at a more convenient location if you are unable to come to us. We accept most cases on a contingency fee basis, which means that you do not owe us anything unless we recover compensation for you. Call us at 888-262-6664 or contact us online to schedule a free initial consultation. Nós Falamos Português.