My Medical Device Was Recalled, Now What?
One of the most challenging aspects of having your medical device or medical implant recalled is not knowing what to do next. Fortunately, there are a series of steps that you can take to make it easier for you to continue receiving treatment for your illness and explore any opportunities that you may have to recover your costs and seek damages from the device manufacturer.
1. Talk to Your Doctor
The first thing that you should do after being notified that your medical device has been recalled is to contact your doctor and ask her to check the device. If she tells you to stop using the device, you can ask her to provide you with a list of alternatives.
This will help you minimize the time between removing the defective medical device and implanting the new device.
Don’t forget to keep a written record of any out of pocket costs that you incur during the course of replacing the recalled device. Sometimes the doctor may recommend that you release your medical records. If this happens or if you’re asked to sign a release waiver, just remember to consult a qualified lawyer first.
2. Identifying the Recall
After you’ve address your medical care, the next thing to do is determine the type of medical recall that occurred. Doing this can give you a better indication of the type of legal recourse that you may be able to pursue. There are three different types of medical recalls that the FDA can use to classify a recall.
• Class I Recall – This is the most serious recall that the FDA can assign. When the FDA issues a class I recall it means that using the device could result in serious injury or even death.
• Class II Recall – A Class II recall is not as serious as a Class I. However, it should still be taken seriously as it could result in temporary health complications or there may even be a small chance of incurring a serious injury with this type of device.
• Class III Recall – A Class III recall is the least serious of all of the FDA recalls. While this type of device may not likely result in a serious injury, it can be assumed that the device does violate the FDA’s medical device laws in one form or another.
3. Types of Damages
There are generally two types of losses that occur in a medical device case.
• Economic Losses – These are sometimes referred to as “monetary losses”. A monetary loss refers to money or property that you may have lost as a result of your injury. There are many variations of economic losses.
• Non-Economic Losses – These losses are sometimes referred to as “general damage”. General damage attempts to compensate you for aspects of your injury that are difficult to quantify. These may include losses such as physical pain or emotional pain and suffering.
4. Does My Case Have Merit?
You now have a great deal of information about medical device recalls. However, even if you don’t have enough information to decide whether to seek civil action, it’s best to seek the advice of a qualified Texas Medical Device Recall lawyer to help you determine the merits of your case.
If are in the San Antonio or Laredo area and your device has been recalled The Law Offices of Ford and Laurel can help. Contact the Texas Medical Device Recall Lawyers at Ford and Laurel at 210-820-3434 today.