How to Sue if Your Pacemaker Caused an Injury

 Posted on January 26, 2024 in Defective Products

Pacemakers are medical devices that save your life, but problems can occur. If your pacemaker was defectively designed, inadequately tested, or improperly manufactured, it could malfunction and cause serious injury. Pacemaker implantation is a common and routine procedure that should be completed safely and successfully. A Texas personal injury lawyer can help you through the steps.

Injuries that May Lead to Lawsuit

Several types of injuries may give you grounds to sue the pacemaker manufacturer or medical team. These include:

• Puncturing or scraping of blood vessels, tissues, or organs during implantation
• Perforation of the heart muscle or valve because of a lead tip fracture
• Infection caused by contaminated device components
• Blood clot formation caused by pacing leads

To have a case, you need to show that the injury was directly caused by a defect or negligence related to your pacemaker device or procedure. It is also critical to get medical records that document your injuries.

Check Statute of Limitations for Lawsuit

Every state has laws and deadlines, called statutes of limitations, for filing personal injury claims. In Texas, you generally have two years from the date of your injury to file a lawsuit.

It can be complicated to determine the date from which the clock starts for the statute of limitations deadline. Consult a lawyer to verify the precise filing date for your situation. File as soon as possible to avoid having your claim thrown out because of a statute of limitations not being met.

Proving Liability in Pacemaker Lawsuits

Proving the pacemaker was defective usually requires testimony from experts like cardiologists, medical researchers, and electronic engineers. Common defects alleged in pacemaker lawsuits include:

• Faulty leads that crack or break, causing tissue damage
• Battery shorts or sudden battery failure
• Electronic circuitry failures like signal interference
• Evidence you can use to prove liability includes:
• Pacemaker manufacturer warnings and recalls
• FDA inspection reports showing quality violations
• Evidence of defective design, materials, or manufacturing

A medical device lawyer knows the evidence needed to establish a solid case and liability against the manufacturer or hospital.

Settling Your Injury Claim Out of Court

Settlement is a common resolution in pacemaker defect lawsuits, allowing victims to get compensation faster and avoid trial risks.

Settlement factors considered typically include:

• The severity of your injuries and impact on quality of life
• Past and future medical treatment and rehabilitation costs
• Lost wages and impact on your ability to work
• Extent and permanence of your disability or impairment
• Manufacturer profits from the pacemaker model
• Prior verdicts and settlements in similar device lawsuits

Contact a Dallas County, TX Personal Injury Attorney

Suing over pacemaker injuries can be confusing and complex. Contact an Irving, TX personal injury lawyer for tailored legal guidance regarding your options based on the unique details of your situation. Call Jerry D. Andrews, P.C. at 214-221-5800 for a free consultation.