5 Important Questions to Ask Before You Sign a Contract with a Defective Medical Device Attorney

June 21, 2019 | Mass Torts

If you or a loved one have been impacted by a defective medical device, such as IVC Filters, Hernia Mesh or Transvaginal Mesh, you might be seriously considering retaining the services of an attorney with experience in handling defective medical device claims.

As you deal with serious medical complications, you’re also having to navigate decisions on whether to have additional procedures to repair and revise initial device placements. There’s a lot on your plate: first and foremost, surviving your defective medical device placement and procedure, and minimizing the resulting damage to your overall health and wellness.

Where do you start?  Where should you start? Litigation and case work-up for defective medical devices is both time consuming and costly:  investments in medical record retrieval, medical reviews and retaining expert testimony can cost thousands of dollars. The contingency fee model allows you to secure the representation you deserve, without the expensive up-front costs…. unless there is a recovery in your case, you won’t owe anything.

After fully considering the contingency model, the next most pressing decision is to choose a firm with a client-centric and client-focused approach.

“Choose a firm where the client experience is one you would recommend to a loved one. This isn’t just a case…. it’s a life. Yours.” Terry Dunken, The Dunken Law Firm.

Before you sign a representation agreement with any defective medical device attorney, here’s five questions you should ask to ensure the firm is a good fit for you.

1. What experience do you have in this practice area?

You want an attorney with experience handling litigation for your exact device.  Look for not only for legal acumen, but attorneys who are well-connected with other legal professionals in your practice area and with your device.

2. What’s the average recent recovery amount for a plaintiff with my device and similar circumstances?

Although the firm will decline to share exact award amounts, and each case is different, you can ask them to share a typical range so that you can make informed decisions.

3. How selective are you when it comes to potential new clients, and will my case get the attention it deserves?

It couldn’t hurt to ask about current caseloads as well, the idea is to find out more about the firm’s client touch points, the frequency of their client communication, and the case manager to client ratio.

4. How frequently will I receive regular updates about my case?

Medical device cases can take between three to five years to resolve, so it’s vital that you have a relationship with your firm where trust is the priority, and where communication is proactive. Ask for an example of case and litigation updates, and if the firm encourages client feedback through surveys and reviews.

5. What is the average timeframe from initial sign-on to recovery, for plaintiffs with similar case histories and with my device?

While there is no way to assign a firm timeframe on this, just state that you’re looking for a general (average) timeline for similar cases, just so you’ll have some idea of how long it could be until the final settlement.

Talk to Us

The Dunken Law Firm prioritizes client care at every stage in the legal process.  We are now researching cases in hernia mesh, transvaginal mesh, IVC filters and 3M Earplugs. Share your story with us…. we know choosing a law firm is an important step towards recovering all that you’ve lost, and we’re here to be your voice. Fill out our contact form to get started.