The amount of compensation you can get for your defective medical device lawsuit settlement can vary widely from one case to another. There is no set amount that applies to every settlement. The level of harm you suffered will be a significant factor in your outcome. Sometimes the defendant’s conduct can impact the value of your injury claim.

Damages in a Defective Medical Device Lawsuit

If you sustained catastrophic harm from a defective medical device, you will likely receive more damages than someone whose injuries were minor or temporary. For example, one defective medical device might cause a plaintiff to experience skin irritation on a small region of her arm. Another defective device might cause a person to sustain permanent kidney damage and have to undergo dialysis until she can get an organ transplant.

When you file a lawsuit for a defective medical device, damages you can recover in a settlement include:

  • Additional medical expenses to repair the harm from the defective device. The settlement usually does not include the medical bills to treat the patient’s original condition, but the proceeds can encompass all the costs over and above the expenses of the original medical illness or injury caused by the flawed item.
  • Additional lost income from the time lost from work without pay because of the defective device. As with the medical expenses, the lost wages will only cover the extra time missed because of the defective medical device.
  • Additional pain and suffering. The discomfort, inconvenience, and distress you went through because of the defective item can be part of your settlement.
  • Other intangible losses. If the flawed product caused you to experience disfigurement, chronic depression or anxiety, long-term loss of mobility, loss of the enjoyment of life, or your spouse’s loss of consortium, we can include these damages in your settlement.
  • Long-term care. Sometimes people need ongoing daily assistance with their medical treatments and personal care because of devastating harm from a dangerous medical product. These expenses can be astronomical. We can include these costs in your settlement demand.
  • You might need to make home modifications like wheelchair ramps, lift equipment, and lowered countertops because of your injuries from the device. Some people need equipment like prosthetic limbs, wheelchairs, and assistive motor vehicles. These items can be part of your settlement.

How the Defendant’s Conduct Affects the Settlement Value

If the corporation that designed, manufactured, or distributed the defective medical device knew that the product had flaws that could hurt people but failed to warn users or correct the problem, that behavior can increase the amount that the defendant has to pay in damages. Also, if the defendant acted fraudulently to conceal its actions or mislead its victims after the fact, the defendant can face additional monetary consequences.

How a Lawyer Can Help

At the Montero Law Center, we help people who get hurt because of the actions of others. A product liability lawyer can hold the makers of defective medical devices accountable for the harm their products cause. Call us today at 954-767-6500 for a free case evaluation.