Defective Medical Device Claims

How much compensation you receive for an injury caused by a defective medical product will depend on various factors related to your injury, its circumstances, and the support and rehabilitation you need.

The amount of compensation you could claim will depend on many factors, including:

• Current and future loss of earnings from being unable to return to work
• Medical and travel expenses you have had to pay
• Your care and support needs, both now and in the future
• Whether you need modifications to your home
• Whether you need mobility aids or specialist equipment
• Your pain and suffering, and the nature of any ongoing problems you have

Claiming compensation for an injury or illness caused by a defective medical product begins with a free consultation. We will discuss your case, whether you have a legal claim, and what funding options are available, including no win no fee agreements.

If you do decide to make a claim with us, we will usually follow the same three stages:

1. Investigation: We will begin by determining the extent of your injury or illness, and any losses that you may experience as a result. This may involve an examination carried out by a medical expert.
2. Compensation: We will work out how much compensation you should get based on the severity of your injuries, your pain and suffering, any medical expenses you have had, and your ability to get back to work. We will put this amount to your opponent, who can either accept or contest your claim.
3. Conclusion: If your opponent accepts liability, you will be awarded compensation. If not, court proceedings will begin.

Even when trial dates have been set, claims are still often settled before reaching court. If your claim does need to go to court, we will be there to help you every step of the way.

Many of our cases are funded with a no win no fee agreement. This means there’s nothing for you to pay until you are successful, at which point, your opponent will pay most of our fees.

If we think you will be best supported by a no win no fee agreement, we will explain the process clearly, including setting up any insurance policies.

If you have been injured or had a condition made worse because of a defective medical device, you could claim compensation. You usually have three years from the date of injury to make a compensation claim. Claims arising from defective products also have to be brought within 10 years of the product going into circulation, so it is important to seek legal advice on this.

You can also claim compensation on behalf of somebody else, including:

• Your child, if they are still under 18
• A relative who is unable to make their own legal decisions due to a medical condition or impairment
• A relative who has died.

If you are claiming on behalf of a child, you have until their 21st birthday to make a claim (subject to the 10-year time limit).

We have handled claims for people who have suffered from a range of medical devices, including:

• Heart valves
• Implants
• Contraceptive devices and birth control
• Chemical treatments
• Orthopaedic treatments, such as knee implants
• Faulty defibrillators and ICDs.