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Defective Medical Device Claims

Cochlear Implant Claims

Cochlear implant procedures and products can go wrong, often with a devastating effect on the patient's quality of life. If you've suffered as a result of defective cochlear implants, our lawyers can help you to claim the compensation you deserve.

Defective cochlear implants can cause a number of difficulties for patients. From painful sounds to the distress of having more surgery to get the implant replaced, there is no simple fix to a faulty cochlear implant - and in some cases, these problems are the responsibility of the implant manufacturer.

Our personal injury team is extremely well-positioned to help you with any cochlear implant compensation claims, as we have dealt with a significant number of similar claims against manufacturers across Europe. Our expert and caring solicitors will use that experience to help you get the best possible settlement and access to any rehabilitation services you may need.

If you have any questions about making a cochlear implant claim, call us on 0800 121 6567 or contact us online for a free consultation on your case.

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Cochlear Implant Claims - More Information
    • What's The Claims Process?
    • To make a compensation claim for an injury or illness caused by a defective medical product, the first thing you need to do is get in touch with us for a free consultation. We'll discuss what's happened to you, advise you on whether or not we think you can claim, and work out whether you could benefit from a No Win No Fee* arrangement.

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

        1. Investigation. We'll 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'll work out how much compensation you should get based on the severity of your injuries, your pain and suffering, any medical expenses you've had, and your ability to get back to work. We'll put this amount to your opponent, and they can either accept or contest your claim.
        3. Conclusion. If your opponent accepts liability, you'll be awarded compensation. If not, court proceedings will begin.

          Starting proceedings doesn't mean that your claim will definitely go to trial. Instead, it means that the court will put a timetable in place and manage your claim towards trial. There is still the possibility for your opponent to settle.  If you do have to go to court, we'll be there to support you every step of the way. If we agreed to handle your claim under a No Win No Fee* arrangement, then you won't have to pay anything if you are unsuccessful.

      If you have any questions about the claims process, please contact us today on 0800 121 6567.

    • Can I Make A No Win No Fee* Claim?
    • Many of our cases are funded with a No Win No Fee agreement. This means that there’s no financial risk* to you when making a compensation claim.

      At the start of your case, we’ll discuss funding options with you, advising you which we think is the most suitable. If you have legal expenses insurance (LEI) or are covered by a trade union policy, these may be best for you. Legal expenses insurance is included in many household insurance policies, so it’s always worth checking whether you’re already covered.

      If we think you’re best supported by a No Win No Fee agreement, we’ll explain the process clearly. This involves setting up an insurance policy that will protect you, at no cost to you. You’ll only have to pay anything when your claim is successful – your opponent will pay most of our fees.

      Please visit our No Win No Fee page for more information on how it works.

    • What Is A Group Claim, And What Are The Benefits?
    • When an entire line of medical products is defective, many people may suffer injuries as a result. In these situations, it is possible to make a group claim to ensure you and your fellow victims are fully and fairly compensated for your trauma.

      In some cases a group action may be appropriate way for the court to manage a number of similar claims together without having a trial of each individual claim. Group actions can help people to share legal expertise as well as the cost by working together, to try and maximise the chances of being fully and fairly compensated for your trauma.

      We have extensive experience in pursuing group actions relating to many different types of claim, including for defective products, drugs and medical devices.

      The expertise and results achieved for our clients means that Irwin Mitchell is the most highly ranked personal injury firm in the UK by two independent leading legal reviews.

      If you're unsure about whether making a group claim is right for you, it's best to seek some advice. Contact us and we'll be able to advise you on the options.

    • How Much Can I Claim?
    • 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've 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

      For more information, call us on 0800 121 6567 and we'll be happy to discuss your options in a free initial consultation.

Meeting manufacturing specifications is a must for companies producing medical devices, especially those designed to be implanted within the body. People are entitled to expect the highest levels of safety.”

Tim Annett, Partner
Defective Products

Frequently Asked Questions

What Problems Can Occur With Cochlear Implants, And What Injuries Can This Cause?

Designed to help counter hearing loss, cochlear implants are highly sensitive pieces of technology that sit both externally behind the inner ear, and beneath the skin. Surgery is needed to fit a cochlear implant, and this can cause a range of problems if the implant goes wrong.

The most common cochlear implant defects are electrical, and sometimes occur as a result of the manufacturing process. Given the sensitive nature of the implant, and where it sits beneath the skin, there have been instances where the implant hasn't been properly sealed and moisture has got into the device, affecting its electrical circuits and leading to implant failure.

Implant failure can be an extremely uncomfortable and painful experience for the user, often with a significant impact on their life. Problems may involve:

  • Distressing auditory effects, like loud banging, cracking, or whistling
  • Intermittent function of the implant
  • Needing to replace the entire implant, which often means distressing and invasive surgery

If you're unsure as to whether an issue with a cochlear implant could be the basis of a claim, it's always best to seek advice from the experts. Call us today on 0800 121 6567, or contact us online for a free initial consultation about your case.

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Who Do You Claim From?

If you have suffered a painful defective cochlear implant, it may not be immediately clear who you can claim from. Typically, the manufacturer of the implant is to blame, as they have a responsibility to ensure that all their products are safe for use.

The Consumer Protection Act of 1987 defines a defective product as one that does not achieve a level of safety 'which persons generally are entitled to expect'. It's our view that medical devices designed for implantation into the human body should be designed and manufactured to the highest specification - and should not be the subject of basic design and manufacturing faults.

Alternatively, there may be cases where the implant was made correctly, but fitted badly. This could then prove to be the fault of the surgeon, in which case, the claim would be directed towards the individual surgeon, the hospital, or the Trust it sits within, depending on the circumstances.

If other cochlear implant users are making claims against the same responsible party, claiming as part of a group can be advantageous. Pooling resources and evidence can provide a stronger basis for a claim, and is something that our expert lawyers have a wealth of experience in managing.

If you're unsure about who might be responsible for a defective cochlear implant that has affected you or a loved one, talk to our experts for free today by calling 0800 121 6567, or contacting us online.

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Why Choose Irwin Mitchell For A Cochlear Implant Claim?

When it comes to something as sensitive as medical injuries, it's vital to feel that you can trust your lawyer to make a strong and effective claim on your behalf. We have dealt with a significant number of cochlear implant claims against various manufacturers across Europe.

Our experience, combined with an extensive network of Irwin Mitchell offices across the UK, means we are perfectly placed to take care of your claim. If you've suffered with a defective cochlear implant, we'll be on your side to get you the compensation that you deserve.

If you'd like help and advice or have experienced an issue with a cochlear implant and would like to find out more about making a claim, call us on 0800 121 6567 or contact us online for a free consultation on your case.

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Awards & Recognition

We're always proud to be recognised for the work we do for our clients and have been named as a leading firm in the latest legal guides - which provide information and recommendations about lawyers and law firms in the UK

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We campaign for patient safety and justice.

As well as securing compensation and rehabilitation for our clients, we also campaign for improvements in patient safety by supporting Action against Medical Accidents (AvMA). This UK charity provides advice and support to people who have suffered because of lapses in patient safety, working in partnership with health professionals, the government and the NHS to ensure that safety guidelines are followed.

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