Implants/Medical Devices

When the human body is altered with manufactured items—be they medical devices used in operations and surgery, or surgical implants—a chain of trust is built. The patient trusts the health care professionals to use good judgment in selecting a safe device or implant. The doctor trusts salespeople to provide accurate information about the product. And everyone trusts the manufacturer to design and construct the product in such a way that it will not knowingly cause harm.

The results for the patient can be devastating and long lasting when this chain of trust breaks down.  At Kolsby Gordon, we are uniquely suited to help those who have been hurt by medical implants or medical devices. We have a strong track record in this area, and rare expertise: our legal team includes two board-certified medical doctors who are also fully qualified attorneys. Thanks to this expertise and our profound understanding of the legal issues involved in medical cases, we have developed a national reputation for succeeding in the most challenging medical malpractice cases of all kinds.

Recent implant and medical device litigation we have handled at Kolsby Gordon includes:

  • Seven-Figure Settlement for Nerve Damage from Surgical Device A young attorney, running to catch a train, tripped and fell down a flight of concrete steps. As part of the treatment for her rotator cuff injury, she underwent an arthroscopic procedure involving an electrothermal heating probe. As Kolsby Gordon lawyers later proved, the device had been repeatedly connected with nerve damage. The manufacturer was aware of the conditions that led to the nerve damage and presentations had been made at top conferences about how to prevent such nerve damage. Yet neither her surgeon nor the manufacturer took the steps necessary to prevent the nerve damage from occurring in the victim’s shoulder. The resulting damage was chronic and debilitating—afterwards she required long-term help with even basic chores, as well as around-the-clock opiates for pain management. Because of the negligence of the doctor and the manufacturer, her career is finished.
  • Kolsby Gordon Attorneys Represent Numerous Plaintiffs in Dalkon Shield Cases The Dalkon Shield IUD was sold as a birth control device in the early 1970s. It causes miscarriages, infertility, and severe damage to female organs. Kolsby Gordon attorneys achieved strong results for several clients in these cases.
  • Kolsby Gordon Attorneys Represent Numerous Plaintiffs in Dow Corning Breast Implant Cases Dow Corning Breast Implants were initially sold as safe and non-reactive with human tissue, but were shown to leak, tear, and interact with human tissue in a way that caused an array of illnesses. Kolsby Gordon attorneys achieved strong results for several clients in these cases.
  • Six-Figure Settlement in a Case Where a Faulty Surgical Tool Led to Infection and Death A bronchoscope that was used in a lung transplant patient was defective in such a way that it resulted in a fatal infection.

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