Brownsville Defective Medical Device Attorney
At any given time, medical device manufacturers and pharmaceutical companies are in litigation in state and federal courts around the country fighting claims that they released dangerously defective products onto the market. Not every medical outcome is positive, but that does not mean that a doctor committed malpractice or that any medical device used was defective. The Brownsville defective medical device attorneys at Colvin, Saenz, Rodriguez & Kennamer, L.L.P. apply their trial skills and experience to the complex litigation of claims involving medical devices.
Before any medical device is allowed onto the market, it must first be evaluated and approved by the US Food and Drug Administration (FDA) as safe and effective. Medical device litigation must somehow undermine the regulatory process to prove that a particular device is in some way defective despite FDA approval. Yet manufacturers should only be liable for foreseeable injuries actually caused by a product during foreseeable use. Moreover, an injury may be due to a surgical error involving an untrained or inexperienced physician’s use of a safe device. Unfortunately, the medical device manufacturing industry has a target on its back and must frequently defends itself in court whenever a patient receives unexpected results.
Pharmaceutical Tort Litigation
Dangerous drug litigation often centers around the adverse side effects of a drug, or the fact that a medication was prescribed for a purpose other than the use which served as the basis for FDA approval. Yet prescribing medication for off-label uses is a legal and accepted practice from which millions of patients derive great benefit. Furthermore, nearly all drugs have adverse side effects; this does not make a drug defective or unreasonably dangerous. Rather, doctors and patients, who have access to product literature, must make an informed decision regarding the risks and benefits of a particular medication. Regrettably, the plaintiff’s bar is quick to jump on any perceived drug defect or danger, often with the goal of getting quick settlements or certification of a class action. Colvin, Saenz, Rodriguez & Kennamer, L.L.P. defends drug companies against claims of failure to warn, misrepresentation, and other pharmaceutical torts.
Experienced Legal Representation in Medical Device Litigation
For a confidential consultation with an experienced medical device or pharmaceutical attorney, contact our Brownsville defective medical device claims attorneys at Colvin, Saenz, Rodriguez & Kennamer, L.L.P. at 956-542-7441.