Patients who have experienced complications or adverse effects from a BioZorb implant may be eligible to pursue legal action. To file a BioZorb implant lawsuit in North Carolina, you’ll need to gather medical records, understand state laws, and demonstrate how the implant caused harm.
These cases often require strong evidence to show the connection between the device and the injuries sustained. Working with a Charlotte BioZorb implant lawsuit lawyer can help individuals seek compensation for damages.
If you or a loved one believes you have a case, don’t delay exploring your legal options. Instead, begin the process of protecting your rights and holding those responsible for your injuries to account.
What Is a BioZorb Implant?
If you or a loved one has experienced complications from a BioZorb implant, a Charlotte mass tort lawyer can assist you in seeking compensation and exploring your legal options. A BioZorb implant is a medical device that was once approved by the U.S. Food and Drug Administration (FDA) for use in breast cancer surgeries, such as lumpectomies.
The implant is made of bioabsorbable material with titanium markers to help healthcare providers with imaging and radiation therapy planning. It is designed to support healing and gradually dissolve within the body over time. However, the FDA issued an update instructing consumers not to use BioZorb marker implantable radiographic marker devices.
This communication came in response to reports of serious complications. These include chronic pain, infections, tissue inflammation, and implant migration, which can lead to additional surgeries and extended recovery times.
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Steps to File a BioZorb Implant Lawsuit
Filing a BioZorb implant lawsuit involves several steps to ensure your case is properly prepared and presented. If you’ve suffered harm due to a BioZorb implant, following these steps can help you seek compensation for your injuries. Here’s an overview of the process:
Consult an Attorney
The first step is to consult with a qualified lawyer, such as a Charlotte mass tort lawyer. You’ll want to find someone who has experience handling defective medical device cases.
During the consultation, the attorney will review the details of your situation, including your medical history, complications from the implant, and any financial or emotional hardships you’ve faced. This initial review helps determine if you have a viable case.
Gather Evidence
Evidence is critical in proving your claim. Your attorney will help you collect and organize the necessary documentation, which may include:
- Medical records showing the use of the BioZorb implant and any complications that followed
- Proof of additional medical treatments or surgeries caused by the implant’s failure
- Statements from your healthcare providers linking the implant to your injuries
- Photographs, imaging scans, or other evidence of physical harm
- Documentation of financial losses, such as medical bills, lost wages, or other out-of-pocket expenses
File the Lawsuit
Once your attorney has gathered sufficient evidence, they will draft and file a complaint in the appropriate court. The complaint outlines your allegations against the manufacturer, such as negligence, failure to warn, or producing a defective product.
Filing the lawsuit formally begins the legal process and notifies the defendant of your claim.
Participate in Pretrial Proceedings
After the lawsuit is filed, the case enters the pretrial phase. This stage may include:
- Discovery: Both sides exchange evidence and information to build their cases. You may be asked to provide additional documentation or participate in a deposition.
- Settlement negotiations: Many lawsuits are resolved during the pretrial phase through settlement discussions. Your attorney will negotiate on your behalf to achieve a fair resolution.
Prepare for Trial
If a settlement cannot be reached, your case may go to trial. Your attorney will prepare arguments, present evidence, and call witnesses to support your claim. While trials can take longer, they may result in a larger compensation award if you win.
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How Long Do You Have to File a BioZorb Implant Lawsuit?
If you’ve experienced complications from a BioZorb implant, it’s important to know how long you have to file a lawsuit. In North Carolina, the statute of limitations governs the timeframe within which you can pursue legal action. Missing this deadline can prevent you from seeking compensation, no matter how serious your injuries are.
North Carolina’s Statute of Limitations
North Carolina law sets specific deadlines for filing personal injury and product liability lawsuits:
- Personal injury and product liability claims: Under N.C. Gen. Stat. § 1-52(16), you have three years from the date you discovered, or reasonably should have discovered, the injury caused by the defective BioZorb implant.
- Wrongful death claims: If a loved one died due to complications from the BioZorb implant, you have two years from the date of death to file a wrongful death lawsuit, as specified in N.C. Gen. Stat. § 1–53(4).
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Our Lawyers Can Explain How to File a BioZorb Implant Lawsuit in North Carolina
If you or a loved one has suffered complications from a BioZorb implant, you can seek compensation for your losses. You may recoup costs for medical expenses, lost wages, pain and suffering, and other damages caused by this defective device.
At DeMayo Law Offices, our experienced team is here to guide you through the legal process and fight for justice on your behalf. Our Charlotte mass tort attorneys can explain how to file a BioZorb implant lawsuit in North Carolina and guide you through the process.
Call DeMayo Law Offices today for a free consultation.
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