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Compensation for Defective Medical Product

I keep hearing mixed messages about companies offering compensation for defective medical products. Can you please tell me what is going on?

Question:

I keep hearing mixed messages about companies offering compensation for defective medical products. Can you please tell me what is going on?

Answer:

The position regarding compensation for defective medical product can be confusing. If your question refers to the DePuy ASR recall and the defective medical product compensation offer made by the company, many find their offer inappropriate as it only covers the costs of patient testing and revision surgery if required.

Other than “reasonable and customary” expenses of taking time off from work and travelling to a hospital appointment, DePuy are not offering any compensation for defective medical product in respect of the pain and suffering that a victim of their negligence might experience before, during or after revision surgery, or for any side effects of system toxicity that their defective medical products are responsible for.

Solicitors are advising patients implanted with DePuy ASR defective hip replacements to make a compensation for defective medical product claim as the company has already admitted liability for their product and a more suitable offer of defective medical product compensation should be forthcoming.

However, DePuy are not the only company who are guilty of introducing defective medical products onto the market, and anybody who feels that they have sustained an injury due to the faulty design or manufacture of a medical product should speak with a solicitor about making a claim for defective medical product compensation.

There have been cases where an injury has been caused, not by a defective medical product, but by the negligence of the surgeon implanting the medical product. A series of defective medical device compensation claims were made after Implanon contraceptive devices were incorrectly implanted by doctors in 2010/11, and these were attributable due to medical negligence rather than a defective medical product.

For the latest and most accurate information about compensation for defective medical product, you are advised to speak with a personal injury solicitor.