Re: Medical device broke
Every case is different, and regardless of what friends, family, or other individuals may say about what a case is worth, each case must be evaluated on its own facts and circumstances as they apply to the law. The valuation of a case depends on the facts, the injuries, the jurisdiction, the venue, the witnesses, the parties, the damages, the credibility of all parties and witnesses, and the testimony at deposition or trial.
Many clients ask what their case is worth. There are only two groups of people who can answer that question: 1) the person writing the check, or 2) the twelve people sitting in the jury box.
With this type of case, an attorney would look at the liability of the manufacturer of the implant, the potential location of the case, and your damages which would include medical bills (or the health insurer's subrogation claim), lost wages, pain and suffering, mental anguish and emotional distress, and whether there is any permanent injury. If you are 40 years old, you will have approximately 35 years to live with this injury. What would be reasonable compensation for that alone? Will you have future lost wages? Are you on disability now? These are all questions which need to be answered.
Finally, if the case is taken to court, you WILL have to have an expert to testify that the implant was defective. Do you still have the implant? If not, you cannot prove the product case.
I hope this helps you somewhat. If you have any further questions, you may e-mail us at jon@lewis-attorneys.com.
