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Does a victim still have a case if they use a defective medical device after it has been recalled?

When multiple victims have been injured from a medical device that is deemed defective, the company that makes the device will usually issue a recall for the product. Consumers can return the product at that point and receive a refund. In situations where a consumer has been injured, there is usually some kind of settlement for damages.

However, if the victim was injured after the device was recalled, the law typically considers it the victim’s responsibility for the injury because it is up to consumers to stop using products that have been recalled.

Eric K. Washburn
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Personal Injury & Wrongful Death Lawyer Serving Va Beach, Norfolk, Chesapeake & all of Virginia