What losses can a patient recover after being harmed by a defective device?

Two categories generally apply when it comes to compensation. Economic damages address losses that come with a dollar figure, like medical bills, lost wages, and reduced future earning capacity.

Non-economic damages take on the losses that are much harder to measure, like pain and suffering, disability, disfigurement, and the loss of activities the patient used to enjoy.

Medical expenses can include the original treatment, any additional surgery needed to address the complication, rehabilitation, prescriptions, and ongoing monitoring where a condition requires continued care. 

What determines the amount of compensation

There is no fixed payout for a defective device case. The injury's severity, whether it's temporary or permanent, the number of procedures involved, and its effect on the patient's ability to work and function day to day all play into the value.

Two patients using the same device can end up with very different compensation, since their injuries and resulting losses can differ substantially.

• Medical bills and records documenting treatment and complications
• Employment and income records showing missed work or reduced earning capacity
• Medical opinions addressing future treatment needs
• Documentation of how the injury affects daily activities

A preexisting condition does not block recovery either. The medical evidence simply needs to separate symptoms that existed before the device was used from those caused or worsened by the alleged defect.

How The Law Offices of Sean M. Cleary can help with your defective medical device claim

Calculating what a case is worth requires connecting your medical records, treatment history, and financial losses into one complete picture. Attorney Sean M. Cleary reviews that evidence to determine what compensation may be available in your defective medical device claim. Contact the Law Offices of Sean M. Cleary for a free case consultation to discuss your situation.