My name is Josh Schutt I have had three back surgery's do to a work injury the last surgery that I had to have was due to a hardware failure do I have a case against the manufacture of the hardware or do I have a case against the doctor for mail practice and pain in suffering
Ronald David WiltonEmployment / Labor AttorneyEncino, CA ·
Since you presumably have a workers compensation attorney, ask that attorney whether you have a case and if so, for a referral. If you do not have an attorney for some reason, then you should definitely consult with an attorney as you may have rights that are not currently being pursued in the workers compensation field.
That will depend on the exact nature of the failure. If this was due to the hardware or manufacturing defect, then you could potentially have a cause of action. You need to make sure you know the exact product name and the manufacturer before contacting an attorney to increase your chances of having your case picked up by a skilled personal injury attorney.
Our office handles a lot of these types of cases nationwide. If you contact me with the information you have I can tell you if there is any on going litigation against the manufacturer of your devices. This is very specialized litigation so if you have to get an attorney you need one that is in this arena already.
You may have both a viable medical malpractice claim, and also a viable defective products claim against the manufacture. The claim against the manufacturer is probably the stronger liability claim based on the information you provide.
To be certain what you do have as claims you will need to consult with an attorney whose practice is focused on Tort law(personal injury). Most workers compensation attorneys lack the expertise to be of assistance. Lawyers who are members of a trial lawyer organization. There must be such an organization in your state. There certainly is a national organization of trial lawyers known as the american Association for Justice (www.justice.org)
maybe, impossible to say for sure, but the class actions have been heating up on medical device providers over this sort of stuff, consult with a local attorney asap is my advice
