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What Should You Do If You’ve Been Injured by a Recalled Product?

Earlier this month, news broke that the FDA issued a recall notice for Medtronic’s “6 French Sherpa NX Active Guide Catheters”. The recall issue denotes that the use of the said medical devices can cause serious injuries and even death. The recall issue covers 106, 298 catheters, which are designed to be inserted into a patient’s vein or artery to allow the administration of fluids or drugs into the blood vessels.

According to Medtronic, the catheter’s outer material can disintegrate into pieces and peel off the device. As a result, the stainless steel braid wires are left exposed, while the pieces of the outer casing can end up in the patient’s bloodstream. The pieces can eventually cause blood vessel blockages, blood clots, and blood vessel wall injury, which all can lead to heart attack, embolism, and death. Attempts to remove the pieces can also put patients at equally dangerous risks.

When hearing news about food and product recalls like this, one cannot help but think, what will I do if I’ve used or consumed any of these recalled products? Indeed, it can easily leave you worried about the health and safety of yourself and your family.

There are certain things you should know about recalled defective products and how a recall notice may affect a defective product injury claim.

First Things First: How a Recall Notice May Affect a Defective Product Injury Claim

It’s true that a recall notice from an agency that governs a defective product’s industry can be considered as proof that a product is indeed defective. The recall notice can be used as evidence that can strengthen a product liability case. However, the recall does not necessarily prove or disprove that the manufacturer is liable for the injury inflicted by the recalled product.

Because of such complexity, it’s vital that the injured enlists the assistance and counsel of a legal team or a lawyer experienced in handling defective product injury claims.

Things to Do When You Suffer an Injury Caused by a Recalled Product

If you have been injured by a recalled defective product, do the following steps:

  • Seek appropriate medical attention.

If you get injured by a product, whether you know it to be defective or not, it is vital to seek prompt medical attention. Doing so will help ensure that you don’t suffer from complications, and that the injuries you sustained will not worsen.

Even if the injury doesn’t seem serious, you can’t tell for sure. Furthermore, proper diagnosis is required to determine the specific cause of injury. Records of the medical treatments and procedures performed may also help strengthen your case.

  • Find out if a recall was issued for the defective product.

It is common for product recalls to be unknown to consumers. The majority of consumers also don’t pay much attention to product recalls, believing that everything they consume is safe and approved for consumption and use.

However, once you get injured by a defective product, it’s wise to find out if it has been recalled from the market due to the defect that caused your injury.
To know if a recall notice was issued for the product blamed for your injury, check with the Consumer Product Safety Commission (CPSC). When you find the recall notice for your product, check the reason for the recall and look for the steps on turning in the product for return or repair.

If you cannot find a recall notice for the product in question, you may still contact the CPSC to verify and report the incident. You may also coordinate with the product manufacturer and inform them of the injuries you sustained.

  • Get legal assistance.

To make sure that you are taking the right steps toward getting fair compensation for the injuries and damage incurred by a defective product you used or consumed, it’s best to seek legal advice. Defective product lawyers are experienced in handling defective product claims. They will discuss with your options, and work for and with you throughout your case.

related: more defective medical devices to watch out for

Attorney David Goldman has a strong belief that everyone should be treated fairly and those with the means should do what they can to bring justice in all areas of our society. That belief has led him to help Florida's injured from being taken advantage of by corporations and insurance companies. Since 1989 David Goldman has been fighting for the rights of Floridians both as an attorney and by personally supporting our community.

What Should You Do If You’ve Been Injured by a Recalled Product?

Goldman Babboni Fernandez
Murphy & Walsh

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