Thanks Kirk, I was implanted with a device and just weeks after while still in the doctors care the device was ruled "adulterated" by the US FDA and "not safe and effective for use in the body as the long term health effects are unknown". I continued to see the doctor for a month after and contacted him several times within 18 months following my surgery and NEVER ONCE did he mention the implant was banned by the FDA.
I lived with it in my body for 12 years, the last several I became Ill and underwent test after test to try to figure out what was wrong. Then in May of 2012 I saw a new special on ABC and they mentioned the dangers of the device I had in that report. I of course freaked, contacted the doctor who is now retired and asked him to pay for me to get them removed. He would never speak to me. Instead he hired an attorney whom I tirelessly negotiated with until 1 day before my statute of limitations expired. The doctors Insurance provider offered to pay to help me get them removed but the doctor would not approve it, have any mediation with me which I offered to happily do. Nothing. He claims that he "didn't know" the status of that device and feels it never made me ill. Like he gets to make that call? The FDA already said it was toxic. Anyway I ended up having to sue him in small claims court because of the Micra statute in CA. It makes it impossible for me to get an contingent attorney as the case is expensive to pursue.
My case will be this month if he doesn't file for an extension. He is still retaining an attorney to advise him for court and had them contact me to request a new date so the retired doctor can go on vacation. Unbelievable.
Thank you for the help
Well in my case it's a year from my date of discovery to sue the doctor. That's what I used and I stuck to suing for 10K even though my expenses to correct it have been higher. That is not addressing ANY of the health stuff. Just the fix
I think I have an excellent case. It's hard to believe he wouldn't allow the Ins Co. to help pay for the fix.
Well in a Small Claim he will have to pay. The ins Co. will no longer cover him.Signing off. Thank you again. Pray for my success in the court proceedings. There are so many women he has never told that my be really sick or dead today. He needs to be accountable somehow.
:O) yes sir take care
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).