Defective Medical Devices Serving Families Throughout Orlando

Orlando Product Liability for Defective Medical Devices

How to File a Product Liability Claim in Orlando

Legally Pink Law, PLLC is committed to protecting your health. Our team of experienced Orlando product liability attorneys and licensed insurance adjusters is experienced in cases of failed and defective medical devices, such as defective transvaginal mesh and breast implants.

Our team has taken on some of the largest names in medical manufacturing and distribution, and we're ready to consult with you for free about the merits of your case. Call us today at (888) 979-4941 to learn more about how we can help with your case.

Understanding Defective Breast Implants

If you are a victim of defective silicone or saline breast implants, let our team of attorneys and licensed insurance adjusters at Legally Pink Law help you. Breast implant surgery is a multi-billion dollar industry that, despite known serious health risks to female, continues to thrive.

Breast implants are considered Class III medical devices of limited product life, which means although they are surgically implanted in a woman's body, they are not intended to last for her entire lifetime. While many defects in breast implants become apparent soon after surgery, others remain hidden for years.

Health Risks Associated with Breast Implants

The U.S. Food and Drug Administration (FDA) is tasked with approving and monitoring the safety of breast implants in the United States. Various studies performed by the FDA have linked breast implants to a wide variety of serious health risks, including anaplastic large cell lymphoma (ALCL).

ALCL is generally found in the fibrous scar tissue or a capsule that develops between the implant and the rest of the breast. Symptoms of ALCL can include:

Pain
Lumps
Swelling
Collection of fluid
Hardening of the breast area
Masses surrounding the breast area
Asymmetry in and around the implants

Despite the reported number of cases of ALCL related to breast implants, the FDA continues to take the position that the number of female with ALCL from breast implants is relatively small compared to the overall population with these implants. As a result, the FDA considers the use of breast implants to be "safe."

There are flaws in the FDA's logic, and despite recent efforts to urge breast implant manufacturers to perform more studies and register their implant products, they are still widely promoted as safe to consumers. If you are a woman who is affected with ALCL, the overall numbers mean nothing.

The only thing that matters is that, through no fault of your own, you have a deadly form of cancer as a result of defective breast implants.

In addition to ALCL, there are also possible links between defective breast implants and the following diseases:

Lupus
Scleroderma
Fibromyalgia
Neurological diseases
Autoimmune diseases
Chronic fatigue syndrome
Connective tissue diseases
Sjögren's syndrome
And others

Complications from Physical Breakdowns & Ruptures

A contributing factor to diseases and complications related to breast implants are physical breakdowns and changes of the breast implants themselves. For instance, contracture of a breast implant occurs when the scar tissue that the body forms around the implant constricts it to the point that it becomes painful and can distort the implant, the breast itself, or both.

Surgical release is usually required to correct this issue. Additionally, rupture of a breast implant can occur. With saline implants, a rupture is quickly identified, as the saline solution will quickly exit the implant, causing it to deflate.

In contrast, a rupture of a silicone breast implant tends to leak slowly over time and often goes undetected. The silicone solution will enter the body and can lead to serious health complications.

Regardless of the type of breast implant defect you are facing, rest assured that we can help you. The impact of defective breast implants on your life and your health can be devastating. Our skilled lawyers can help guide you through all aspects of filing a product liability claim.

Risks of Faulty Transvaginal Mesh

If you suffered from pelvic organ prolapse (POP) and stress urinary incontinence (SUI) and had complications following implantation of transvaginal mesh, our all-female legal team at Legally Pink Law is ready to litigate your case. POP and SUI are usually diagnosed following:

Hysterectomy procedures
Menopause
Childbirth

Transvaginal mesh, which is made of plastic and inserted through the vagina, can help reinforce the organs and return normal function.

Unfortunately, the design and manufacturer-recommended implantation techniques of some of these transvaginal mesh products have led to serious complications, including massive infection and organ perforation. The FDA did not require transvaginal mesh manufacturers to conduct tests on these products before they were implanted.

Common Complications from Transvaginal Mesh

Several complications have been reported following transvaginal mesh implantation, including:

Transvaginal mesh erosion: Erosion of the transvaginal mesh occurs when the mesh's edges break down and pass through the vaginal wall, and sometimes even into surrounding organs. This can result in severe pain, bleeding, infection, and nerve damage.
Transvaginal mesh organ perforation: This occurs when the transvaginal mesh's sharp edges cut into organs like the bladder. Serious damage caused by organ perforation may require further surgery.
Transvaginal mesh failure: Symptoms of mesh failure include pain, nerve damage, infection, bleeding, painful sexual intercourse, recurrence of POP and SUI, vaginal scarring, vaginal shrinkage, and neuromuscular disorders.

Call us today at (888) 979-4941 and ask for a free case evaluation.

Call Our Orlando Product Liability Lawyers Today!

If you have suffered as a result of a defective transvaginal mesh implant of defective breast implants, do not hesitate to discuss your case with one of our Orlando personal injury attorneys.

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Have Questions? GET ANSWERS

What types of damages can I claim?

In all cases, there are two general categories of damages – economic damages and non-economic damages. You can be compensated for both past and future economic and non-economic damages.
Economic damages are things such as wage loss, mileage expense to go to doctor appointments, prescription costs, co-pays on insurance, over-the-counter medications, diminution in value to your car, etc. The other category is non-economic damages, which may include things such as pain and suffering, loss of enjoyment of life, emotional distress, etc.
The non-economic damages are often greater than the economic damages if the injuries are significant enough. Consult with an attorney for a full explanation of these types of damages.
Are there deadlines for filing claims?

Yes. Under Florida law, there are very specific, detailed deadlines to file claims. If you do not meet these deadlines, you may be forever barred from bringing your claim forward.
These time restrictions are known as statutes of limitations, and they vary depending on the type of claim you are bringing. It is critical that you consult with an attorney as soon as possible after your incident so you can receive good legal advice on the time limits for filing a personal injury claim.
How can I recover lost wages?

Wage loss is paid out under your Personal Injury Protection benefit, which happens to be mandatory coverage for auto insurance in the State of Florida. There are exceptions, such as when you elected to have your wage loss reimbursement excluded on your Personal Injury Protection (PIP) benefit when you obtained your policy.
Normally, people who have their wage loss benefits excluded are those who are not employed for some reason or another. You can also elect to have a standard PIP (which covers wage loss at 60%) or extended PIP (which covers wage loss at 80%).
You will need to provide proof of income in the form of a paycheck stub, income tax return, or some other verifiable means. The remaining percentage of your wage loss not covered by your PIP insurance will become part of your claim against the defendant driver.
When cases do not involve PIP coverage, the wage loss becomes part of the demand to the at-fault party. In most cases, proof of lost income is rather simple if the injured person receives a paycheck. For our clients who are self-employed, we work very closely with them to help them assemble the necessary documentation to prove the wage loss claim. Tax returns can be helpful in instances where clients are self-employed.
How can I recover my out-of-pocket expenses?

Out-of-pocket expenses are always made part of your claim and are part of your economic damages that we seek to recover from the at-fault party. When your claim is presented to the at-fault party, we include your out-of-pocket expenses as part of the demand package.
If your case does not settle in what we call the "pre-suit phase," then your case will proceed to court where we will ask a jury for your out-of-pocket expenses as part of your economic damages on the verdict form.
Will my insurance premiums increase if I report an accident to my insurance company?

Your insurance premiums should not go up if you are not at fault for the accident. It will be part of your insurance record, but if you are not at fault, your premiums should not increase.
In most situations, your own insurance company will go after the insurance company that insures the at-fault party to recover the costs it may have paid to you for things such as car repairs or additional medical expenses.

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