Where Do I Begin?
First, understand the definition of “product liability”. A product liability, in this case referring to Heartmate II LVAD, means that a product you used correctly, caused extreme and unusually long-term damage to you or a loved one in some manner. If you suffered stress or injury due to failure of the percutaneous lead in the Heartmate II LVAD, you need to consider several issues before filing a product liability lawsuit.
What Are the Statute of Limitations?
The statute of limitations determines the length of time in which you have to file suit against the defendant, in this case it will likely be Thoratec. This statute is different in every state and it doesn’t last long, so it is in your best interest to act quickly.
Who Is Eligible?
Anyone who has been affected by the FDA recall for the defective percutaneous leads on the Thoratec Heartmate II LVAD is eligible to bring suit against Thoratec.
Questions to Ask Before Hiring a Product Liability Attorney
- Will it cost me a lot of money to file a lawsuit? It depends on your attorney and even on the state where you live. Many product liability cases use a “contingency fee”, meaning your attorney only gets paid in the event that you win your case. If you do win, then your attorney receives a percentage of your settlement.
- What do I need to provide to my lawyer? There is a long list of documents your lawyer needs in order to accurately represent you in court. Some of these documents include your HeartMate II LVAS information; medical receipts; copies of your medical records; time you missed from work; a journal wherein you documented all of your experiences since beginning the treatment. There may also be other documents your lawyer will ask you to provide.
Understanding Settlements
It can be more difficult to win a product liability case than you might think. Keeping a journal and documenting everything in terms of your HeartMate II LVAS use from the time you began it until the time you discovered personal injury is very wise. If you haven’t done so, begin now.
If you did not use your HeartMate II LVAS in the proper manner that was suggested to you by both your medical advisor and the instructions that came with the product, then Thoratec may not be held liable. In other words, you will be held responsible for your own injuries and not be allotted a settlement if you didn’t use the device properly.
In the event that you do win your case, congratulations! That said, there are different types of settlements your lawyer may pursue although you may not be awarded all of these:
- Punitive damages – Lately, many jurisdictions are limiting punitive damages. These damages are brought against the defendant in an effort to dissuade the defendant not to commit any such act again in the future. In many states, there is a constitutional limit on punitive damages; however, this is not true of federal cases.
- Compensatory damages – These damages are most common should you win your case. They will cover your medical bills and time away from work due to injury from the Heartmate device.
- Pain and suffering – Just as the name implies, these damages are brought against the defendant for causing you pain and suffering due to your usage of HeartMate II.
- Loss of consortium – If you and your spouse have suffered in your relationship with one another (including the death of your spouse if he/she was using the device), then you may also receive damages due to loss of consortium (the benefits of a family relationship).
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