Morgantown Defective Medical Device Lawyer

What to Know Before You Call a Morgantown Defective Medical Device Lawyer

Many implants and surgical devices reach the market through an expedited approval process. That process compares a new device to an older one already in use. It does not require new human trials proving the device is safe. 

Other devices that were approved and thought to be safe fail.

The result is a flawed hip implant, mesh product, pump, or other device that causes injury. When that happens to you, it can mean a second surgery, chronic pain, or a device recall letter that raises more questions than it answers.

At Hansberry & Wagoner, PLLC, Edmund L. Wagoner is a Morgantown defective medical device lawyer who has practiced law in West Virginia since 2007. He worked on the defense side before representing injured people. Specifically, he represented hospital systems and insurers. That experience gives him insight into how the defense approaches defective medical device cases. Contact our firm today for an initial consultation.

Medical Devices That Often Lead to a Morgantown Product Liability Claim

Device injury claims usually start with a product that failed or was designed with a flaw. They can also start with a product that never came with a warning strong enough to let a patient make an informed choice. Devices that often lead to these claims include:

• Hip and knee replacement implants
• Surgical and hernia mesh
• Pelvic and transvaginal mesh
• IVC filters
• Pacemakers and defibrillators
• Insulin pumps and infusion devices

Not every bad outcome from a device means someone broke the law. But a pattern of failures, a recall, or a warning that came too late can point to a real claim worth looking into.

What You Need to Know About a Potential Defective Medical Device Case in Morgantown

West Virginia holds device manufacturers to a strict liability standard established by court decisions. That means that, for manufacturing and design claims, you may not have to prove the manufacturer was careless. You must still show that the product was defective and that the defect caused your injury. Warning claims have extra rules. You must show the maker failed to give reasonable warnings to your doctor, and that this caused your harm. 

That kind of claim also has a hard deadline. Under W. Va. Code § 55-2-12, West Virginia generally gives you two years from the date of your injury, or from when you discovered it, to file suit. Miss that window, and a court can dismiss the case no matter how serious the injury is.

If a lawsuit becomes necessary, your case may be filed in the Circuit Court of Monongalia County, based at the Justice Center on High Street in downtown Morgantown.

Frequently Asked Questions About Defective Medical Device Law

How do I know if my implant or device qualifies for a claim?

A recall notice, an unusual number of similar complaints about your specific device, and a failure that required additional surgery are all signs worth asking about. A lawyer can help sort out whether your situation fits a recognized pattern.

Can my case stay in Monongalia County if the manufacturer is based somewhere else?

Often, yes. If you were treated or injured here, West Virginia courts, including the Circuit Court of Monongalia County, can generally hear the claim even when the manufacturer is headquartered in another state.

What should I do if I’m not sure which device caused my symptoms?

Talk with your doctor about your symptoms first. It also helps to keep your implant card, any paperwork from your surgeon, and the device’s model number in one place so a lawyer can review them later.

Our Morgantown Defective Medical Device Lawyers Are Ready to Review Your Case

If a device failed you, you don’t have to figure out the next step on your own. A Morgantown defective medical device lawyer at Hansberry & Wagoner, PLLC can review what happened and explain which deadlines may apply. Our team can also walk through what a claim could look like for your situation.

Schedule an initial consultation and we’ll go over your situation together.