Defective Medical Device Lawyer for Screws, Pins, Plates, and Rods
If you suffered injuries from the surgical hardware used to stabilize and heal your bones, you might be entitled to compensation from the manufacturer. At the personal injury law firm of Farris, Riley & Pitt, LLP, our Birmingham defective medical device lawyers have over 20 years of experience representing clients in their defective device cases and seeking the justice they deserve.
Hardware, such as screws, pins, plates, and rods, is necessary during the surgical repair of broken bones. They hold the damaged bone in place, so it heals in the correct position. Although effective in helping patients recover from their injuries, some devices fail and cause severe medical problems.
Manufacturing companies are responsible for providing doctors and patients with reliable medical devices that don’t contain any defects or issues that make them inherently unsafe for use. Unfortunately, some manufacturers place profit over consumer safety and hide the dangers of the hardware they sell. Farris, Riley & Pitt, LLP could help you hold them liable for the injuries you sustained.
For a free consultation and to learn more about our legal services, call us at (205) 324-1212 right now.
What Is Surgical Hardware?
When someone fractures a bone and is not likely to heal with just a splint or cast, a surgical repair might be necessary. Open reduction and internal fixation (ORIF) surgery involve using metal screws, rods, plates, or pins to ensure the bone stays in place and heals correctly. It’s beneficial for those whose fractures involve joints or a bone sticking out through the skin. Without the proper procedure to fix these issues, limited mobility and other problems could arise.
Common Complications Associated with Defective Screws, Pins, Plates, and Rods
The injuries resulting from a defective plate, screw, pin, or rod can range from minor to life-threatening. Some people require additional surgeries to repair the damage, while others need physical therapy or rehabilitation to regain physical function in the affected body part.
The injuries and complications surgical hardware defects cause can significantly interfere with a person’s life. The treatment you sought to repair your fracture went wrong and could impact your economic standing and lead to stress while you’re figuring out how to pay for your medical bills. It’s unfair that you’re going through this, and Farris, Riley & Pitt, LLP is ready to help.
The most common complications from defective hardware are:
- Dissolving hardware
- Broken screw or pin
- Release of toxic particles from rubbing or grinding of the titanium device
- Migrating hardware pieces
- Loosening or misalignment of the hardware
Common injuries caused by defective screws, plates, pins, and rods are:
- Swollen or damaged tissue
- Surgical site pain
- Fluid buildup
- Punctured organs
- Infection at the incision site
- Loss of mobility
If you’re experiencing any unusual symptoms or complications, you should seek immediate medical treatment. It’s also crucial that you consult an experienced lawyer from Farris, Riley & Pitt, LLP to discuss your legal options and whether you have a case to pursue. We can get started right away by investigating the cause of your injuries and determining which manufacturer should be held liable for their negligent actions.
Types of Defects In Defective Medical Device Cases
When you get hurt because of a defective medical device, such as a surgical pin, plate, screw, or rod, you could seek compensation from the manufacturer. There are three main types of defects that can cause injuries:
- Design defects – There’s a flaw in the final design of the hardware, causing it to be unreasonably dangerous. The inherent risk exists even if the manufacturer assembles and constructs it correctly.
- Manufacturing defect – An error while manufacturing the device leads to a defect, creating a hazardous product for the user.
- Failure to warn – The manufacturer didn’t warn patients of the dangers they could face while using the device.
There also might be a theory of liability you could use to show the manufacturer was responsible for the injury you suffered. The available theories are:
The manufacturer owed you a duty to reasonably prevent you from harm but failed in their duty. Their failure directly caused your injury.
Despite using the pin, screw, plate, or rod as intended, the inherent dangers resulted in the complications you experienced. You don’t need to provide evidence that the manufacturer’s actions caused your injury if these factors exist:
- The defect happened while the company designed, manufactured, or shipped the device, leading to an unsafe product;
- You used the device as intended but suffered complications anyway; and
- Substantial changes didn’t occur to the device after it left the factory.
Breach of Warranty
Manufacturers provide warranties with their products guaranteeing they meet specific quality and reliability standards. Two types exist:
- Express Warranty – Verbal or written statement promising that a product lives up to the quality and functionality expectations.
- Implied Warranty – A guarantee that the product provided by a company will work as intended.
Farris, Riley & Pitt, LLP can review the facts of your case to determine the type of defect or theory of liability we could use to prove what happened. You shouldn’t be forced to pay for the medical expenses you incurred when someone else was at fault for the harm you suffered. You can depend on us to be your advocate and fight for the money you’re owed.
Compensation Available from the Manufacturer’s Insurance Company
Large companies, such as surgical device manufacturers, may have liability insurance. It can compensate for an injured party’s medical bills and other costs associated with their treatment. Huge surgical device manufacturing companies may be so large that they are self-insured. Rather than dealing with an insurance company, in that case, we would attempt to negotiate a settlement directly with the company.
If your surgical screws, pins, plates, or rods caused your injuries, you could file a claim against the manufacturer’s insurance company, if there is one, and seek a settlement to cover those expenses.
These expenses and the physical and emotional trauma you experienced are known as losses. They could include:
- Medical bills
- Mental anguish
- Permanent disability
- Lost wages
- Lost earning capacity
- Pain and suffering
- Out-of-pocket expenses
Insurance claims can be confusing to handle alone. At this stage of the case, hiring a knowledgeable attorney can improve your chance of recovering the maximum available compensation. Insurance companies often look for reasons to deny a person’s claim. They might try to shift blame to you so they can avoid providing a settlement.
Our legal team has experience in negotiating with insurance companies and finding critical evidence to prove what happened. We won’t back down without a fight. Our goal is to reach a favorable outcome in your case so you can heal your injuries and move forward with your life without paying for your treatment yourself. We will tirelessly work to hold the manufacturer accountable for what they’ve done and secure the highest possible compensation from the insurance company to compensate for your total losses.
Filing a Lawsuit Against a Medical Device Manufacturer
Any defect found in your screws, pins, plates, or rods is likely the manufacturer’s fault. If they knowingly manufactured or sold a product that could cause someone harm and didn’t provide adequate warning labels, they should face the consequences of their actions.
If you want to sue them for the injuries you sustained, you must adhere to a strict deadline known as a statute of limitations. The statute of limitations in Alabama is two years. That means you have two years from the date of your injury to file your lawsuit. After this timeframe passes, you could lose your right to pursue compensation through the court system.
It’s critical that you don’t admit even the slightest bit of responsibility for your injury. Alabama follows the doctrine of contributory negligence. That means if the jury determines you’re partially at fault for the medical device causing physical harm, they could bar you from seeking any amount of compensation.
Farris, Riley & Pitt, LLP knows many of our clients face financial struggles while recovering from their injuries. If you’re already worried about the medical expenses you owe for your treatment, you might not want to hire a lawyer. Those additional expenses could lead to significant debt.
We understand your concerns and want to ensure you receive the legal representation you need and deserve. That’s why we take cases on contingency. That means there are no upfront fees or costs. We don’t expect you to pay unless we secure compensation for you from the manufacturer.
Our legal team is available 24/7 to speak with you when you need us the most. We believe in providing dependable legal services our clients can trust. From start to finish of your case, we will remain by your side to offer the guidance and support you need. Our personalized one-on-one attention will make you feel like our top priority, which you are.
The manufacturer of your defective screws, pins, rods, or plates was at fault for your injury. They should pay for what they’ve done and compensate you for your losses resulting from their defective medical device. You can count on Farris, Riley & Pitt, LLP to fight for your rights and locate all the necessary evidence to prove to a jury that you should receive a financial award. We won’t give up until we meet your needs and achieve your legal goals.
Do not hesitate to contact Farris, Riley & Pitt, LLP if you were hurt by a surgical rod, pin, screw, or plate containing a dangerous defect. We’re ready to represent you in your case and seek the maximum compensation to get you on the road to recovery. Call (205) 324-1212 for your free consultation.