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Infolawyer
Infolawyer, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 50023
Experience:  Licensed attorney helping individuals and businesses.
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My daughter two failed cochlear implants. neither of witch

Resolved Question:

My daughter two failed cochlear implants. neither of witch falls into recall serial number range HiRes90 missed FDA manufacturing date recall by three months. No lawyer wants the case. Both devices explanted. Tested at outside lab and of course found no problems. What can I do
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Infolawyer replied 1 year ago.

INFOLAWYER :

Hello

INFOLAWYER :

How much are the damages claimed?

INFOLAWYER :

are you asking how to find a local lawyer to handle it on commission?

Customer:

I have tried to have out of state lawyers handle this on commission. There are lots of suits against advanced bionics but no one wants to take mine

Customer:

I don't know what to do or who to spak with

Customer:

The statute of limitations is getting close I don't know what damages can be claimed I don't know If I can even file a lawsuit. All the Lawyers handling CI failure lawsuits I have been referred too will not take the case.

Customer:

R U there ?

Customer:

My daughters pain and suffering was intense there must be something that can be done to compensate her for this

Customer:

Hello ?

INFOLAWYER :

I can suggest a pair of directories

INFOLAWYER :

you may use them to find local counsel

INFOLAWYER :

who will take it on contingency fee basis

INFOLAWYER :

would you like that information

INFOLAWYER :

or can I answer something else?

Customer:

Contingency meaning billable up front ?

INFOLAWYER :

No

INFOLAWYER :

nothing upfront

INFOLAWYER :

lawyer is paid at the end

INFOLAWYER :

typically 1/3 of recovery

INFOLAWYER :

and nothing if nothing collected

Customer:

Have these lawyers experience with advanced bionics lawsuits?

INFOLAWYER :

You would plug in location and experience into the directories I can provide

INFOLAWYER :

and then inquire with them directly and see

INFOLAWYER :

these directories are used by lawyers too

INFOLAWYER :

we per site rules cannot recommend specific lawyers by name

Customer:

If the lawyers I have already spoken with will not take my case on contingency and these are experts with failed CI's I seriously doubt any list you provide will help , However let see what you got since I have paid for this consultation

INFOLAWYER :

Martindale.com and findlaw.com are excellent resources

INFOLAWYER :

martindale especially is highly rated and almost entirely turned to by lawyers

INFOLAWYER :

Is that clear?

INFOLAWYER :

can I answer anything else?

Customer:

I understand I will check into these resources

INFOLAWYER :

Excellent

INFOLAWYER :

Kindly rate the answer positively

INFOLAWYER :

If I can follow up on anything later, feel free to reach out to me

Customer:

o you know what kind of damages We could be looking at ?

INFOLAWYER :

all medical expenses, out of pocket expenses, pain and suffering, costs, legal fees and interest

Customer:

I also know the FDA doesn't allow lawsuits against medical device manufactures this I thionk is the big issue

INFOLAWYER :

If the manufacturer was negligent or otherwise strictly liable, it could be sued

INFOLAWYER :

the fda cannot bar a civil lawsuit

INFOLAWYER :

where there is a direct injury

Customer:

So I can file myself and take them to court

Customer:

?

Customer:

civily?

INFOLAWYER :

correct

INFOLAWYER :

for which counsel can take the lead

INFOLAWYER :

and if others also harmed, perhaps as a class claim.

Customer:

That's good news How do I do that? Should I see if one of these referrals will assist me ?

INFOLAWYER :

Precisely

INFOLAWYER :

Good luck!!

INFOLAWYER :

Kindly click on a positive rating for the answer.

Customer:

ok thanks were good

Infolawyer, Lawyer
Satisfied Customers: 50023
Experience: Licensed attorney helping individuals and businesses.
Infolawyer and 4 other Consumer Protection Law Specialists are ready to help you

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