GROUP LEGAL ACTION
BIO MEDICAL DEVICE

Our nationwide solicitors offer free legal advice on product liability claims for defective bio medical devices. We can give you legal advice on individual claims or information on group legal action. All of our solicitors operate the no win no fee scheme for most claims and do not ask for upfront payments for expenses. A charge is made only if the claim is won and legal fees are paid by the other side. Compensation that is awarded is paid in full with no deductions.

A bio-medical device is any apparatus used by patients and can be for external or internal use. This type of equipment can be used for genuine health purposes or for cosmetic purposes. Internally used devices are those implanted inside a person’s body and include pacemakers, artificial heart valves, plates and pins attached to bones for alignment and stability, breast implants and skull plates. External devices include prosthetic limbs, wheelchairs and respiratory equipment including nebulisers, CPAPs and BIPAPs. This type of equipment is often mass produced and sold in large volumes all over the world and can lead to individual court action or, if there are sufficient victims to group legal action in many countries or in the country of design, manufacture or sale.

Before the Consumer Protection Act 1987 came into effect it was difficult to claim damages in the UK since the claimants were required to prove that the defect in a medical device was the manufacturer’s fault. Following the Consumer Protection Act 1987 manufacturers are now held to be absolutely liable for any harm or injury arising from the use of any bio medical device they produced and/or sold after the 1st of March 1998. Injured parties no longer need to establish who is at fault but need only prove that they were harmed by the use of a product. The legislations declaring this policy covers the entire United Kingdom but is found in three different regional statutes :-

• The Consumer Protection Act 1987 (Product Liability) (Modification) Order 2000 (Statutory Instrument 2000 No. 2771)
• The Consumer Protection Act 1987 (Product Liability) (Modification) (Scotland) Order 2001 (Statutory Instrument 2001 No. 265)
• The Product Liability (Amendment) Act (Northern Ireland) 2001

A claim against the manufacturers of a defective bio medical device may be in the form of a “group legal action” also known as “multi-party action” or “class action” which involves a group of people all claiming to have been harmed in a similar way by the same kind or a similar product made by the same manufacturer. A multi part action is not a bar to the issue of an individual claim in a court of law however multi-party actions are often preferred and advised since they are more practical and efficient. In addition, filing as a group leads credence to all of the claims and the more people complaining about a defective device then the more likely the device really is harmful.

If you are the victim of a defective bio medical device you can file a claim for damages. If you would like free legal advice on a claim for compensation for personal injury caused by a defective product just complete and send the contact form or use the helpline and a solicitor will give free advice without any further obligation.