The product liability insurance defense attorneys at McMillan, McCorkle & Curry LLP represent insurance companies in claims for injuries caused by allegedly dangerous or defective products. We handle claims involving medical devices, agricultural products and any other products that could lead to a claim against an insurance company. These cases are typically complex, with outcomes based on issues such as proof of defect, knowledge of defect, lack of care in use of product, extent of warranty coverage, causal relationship between product and injury, and compliance with filing deadlines.
Our attorneys are thorough in our defense of insurance companies, tackling each case from all angles. We interview witnesses, retain experts, examine all warning labels and packaging connected with the product, and make our recommendations to clients based upon our findings. Whether this means an aggressive defense of the litigation in a defective heart valve matter or negotiation to determine damages in a chemical burn caused by a product deemed dangerous, we will provide you with an honest assessment of product liability claims against your insureds.
Typically, surgeries involving hip implants, stents, defibrillators, pacemakers and other devices have very successful outcomes. But all surgical procedures involve risks, and in rare instances a patient may experience complications or continued illness following surgery. When a product liability claim against the manufacturer and insurer of the device results, we thoroughly review evidence and advise clients on their legal exposure and the legal path we recommend. We are knowledgeable about all the stringent requirements for FDA approval of a device and also about state restrictions on lawsuits related to federally-approved medical devices.
Each state has requirements for the filing of product liability claims, limiting the amount of time that can pass between the time an injury allegedly occurred or should have been discovered, and when a claim is brought. If they miss this window of opportunity, plaintiffs lose their right to recover compensation for injuries. We know all state statutory deadlines and incorporate these considerations into your defense strategy as appropriate.