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Filing Defibrillator Lawsuit Defective Products
Filing a Defibrillator Lawsuit and Litigation
It is important to find an attorney experienced in medical device litigation. An experienced medical device attorney will know the parties to sue, starting with the manufacturer and distributor of the flawed heart defibrillators, Boston Scientific which now owns Guidant Corp., as of January, 2006. A company’s legal liabilities are not erased when the company changes hands. In purchasing Guidant, Boston Scientific not only acquired all of its assets, but all of its liabilities as well. The attorney will also examine whether your health care professional is potentially liable.
Getting into the right court is a key consideration. An experienced injury attorney who handles defibrillator litigation knows the right forum, judge, and jury who are most sympathetic to your injury (or hostile to large medical device opponents). Your lawyer will look to the court that hands out high verdicts (i.e., cases tried in urban areas typically have higher verdicts than those in rural locations). Your defibrillator injury case can bring a range of damage awards depending on the jurisdiction in which it is filed. For example, a case brought before a San Francisco jury might hand out a higher verdict than one brought in Fresno. A minor claim could acquire settlement value if filed in a court with high verdicts or more sympathetic judges.
Product liability cases, like the examples described above, are very common. Even for medical devices, these situations have happened many times before. Any attorney experienced with recalls or personal injuries from devices like heart valves or breast implants would probably have the knowledge of the system you need to succeed in your defibrillator recall lawsuit. To make matters even more complicated, in February 2008, the U.S. Supreme Court ruled 8-1 in Riegel v. Medtronics that patients injured by certain medical devices approved by the FDA cannot sue the product’s manufacturer. As of August 2008, the Supreme Court’s ruling is being challenged in both the U.S. Senate and House of Representatives. Discuss these issues with an experienced Guidant defibrillator litigation lawyer and don’t try to pursue this on your own.
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