Can I Sue If a Medical Device Implanted in My Body Failed?

When a medical device implanted in your body fails, it can lead to severe health complications, additional surgeries, and significant emotional and financial burdens. In Arizona, individuals have the legal right to file a lawsuit against manufacturers, distributors, or healthcare providers responsible for the defective device. Such legal actions aim to secure compensation for medical expenses, lost wages, pain and suffering, and other related damages.

Recent Case in Phoenix

In a notable case, Andrea Valentine, an Arizona resident, filed a lawsuit against Cartiva Inc. after experiencing complications from a failed Cartiva toe implant. Implanted in 2020, the device failed within four years, necessitating multiple corrective surgeries. The lawsuit alleges that Cartiva misled regulators, doctors, and patients about the implant’s safety and effectiveness. This case underscores the importance of holding manufacturers accountable for defective medical devices. ([aboutlawsuits.com](https://www.aboutlawsuits.com/cartiva-lawsuit/failed-cartiva-implant-multiple-toe-surgeries-lawsuit/?utm_source=openai))

Arizona Law and Your Rights

Under Arizona law, individuals harmed by defective medical devices can pursue claims based on negligence, strict liability, breach of warranty, and misrepresentation. The Arizona Revised Statutes (A.R.S.) § 12-542 sets a two-year statute of limitations for personal injury claims, meaning you have two years from the date of injury or discovery of the injury to file a lawsuit. It’s crucial to act promptly to preserve your legal rights.

Statute of Limitations

The statute of limitations is a critical factor in medical device failure cases. In Arizona, the two-year limit begins when the injury is discovered or should have been discovered. Delaying legal action can jeopardize your ability to seek compensation. Consulting with experienced personal injury attorneys can help ensure your claim is filed within the appropriate timeframe.

What To Do Next

If you’ve suffered due to a failed medical device, it’s essential to gather all relevant medical records, document your injuries and treatments, and consult with a qualified attorney. At Hirsch Talcott, our team, including attorney Jack Hirsch, a Certified Specialist in Personal Injury and Wrongful Death, and attorney Chelsie Talcott, a former Maricopa County Deputy Public Defender, has extensive experience handling complex medical device cases. We operate on a contingency fee basis, meaning you pay no fees unless we win your case. Learn more about our fee structure here.

For a comprehensive evaluation of your case and to understand your legal options, contact Hirsch Talcott at 602-903-6000 for a free consultation. Our dedicated team is committed to advocating for your rights and securing the compensation you deserve.