Medical Devices

Biomedical Law

For more than 25 years, we have been involved in medical device litigation. Our experience in this area reaches back to the Dalkon Shield claims of the 1980s. Our combined knowledge of medicine, engineering and law gives us a measurable advantage in the representation of clients facing medical device litigation. We have lectured nationally on issues central to medical device litigation, including the sophisticated evidentiary issues associated with the testimony of experts in such cases, which is one of the “cutting edge” legal topics that can easily control the outcome in this kind of litigation

We have been involved in a vast number of medical device claims, including:

  • Oxygen system malfunctions
  • Hip replacement failures
  • Broken cannula cases
  • Electrocautery injuries
  • Failed bed rail cases
  • Resectoscope injuries
  • Shoulder pain-pump cases
  • Cardiac stent cases
  • Failed surgical screw and rod cases
  • Intrauterine (IUD) device cases, including Dalkon Shield cases
  • MRI injury cases

Specialized Issues

We understand the many the issues that are unique to medical device litigation, and lecture on that issue to health and legal professionals nationwide. Our expertise in this area includes, as examples:

  • Federal preemption
  • The “learned intermediary” defense
  • Comparative fault issues between manufacturers and halth care professionals
  • Misuse of product defenses
  • Causation defenses and pre-existing conditions
  • Cost-benefit analysis
  • Punitive damages issues
  • Daubert and Rule 702 issues

Our ability to handle these cases is strengthened by our national experience in product liability litigation generally. Further, our experience in medical malpractice litigation is greatly beneficial in this unique branch of product liability. Our understanding of the underlying science, medicine and engineering, as well as our current extensive familiarity with state and federal trends in relation to the admissibility of expert testimony provides us with exceptional ability to assist courts and juries in the determination of the true issues in the case, and thereby enhances our ability to represent clients in this specialized area of the law.

We have actually observed in operating rooms during procedures to install surgical hardware, and we have attended classes at the University of Colorado Medical School in order to enhance our understanding of the medical and bioengineering principles involved in the use of medical devices and the understanding of how they fail.

MDL and Class Action Litigation

We have extensive experience arguing cases that have been selected for potential certification as Multi-District Litigation, having handled MDL cases and having successfully argued certification issues before federal MDL panels. We also have significant experience in litigation of class actions and mass-tort cases.

The key to success in litigation is to be realistic and careful in terms of how a "win" is defined under the circumstances of any given dispute. No two cases are exactly alike. Remember that no attorney or firm can guarantee success according to any arbitrary standard or in terms of a favorable result at trial. Whether or not to try a case or settle a case is a decision a client makes with the advise of an attorney, and no attorney can guarantee anything about the outcome of a civil case. Any case, tried to a jury or a court, might be resolved unfavorably. Trials are inherently unpredictable. Statements contained on this website regarding the ability of the professionals at Godfrey | Johnson, P.C., are based upon good faith perceptions of our abilities demonstrated over years of practice, and are not intended to imply that the attorneys have never lost a case or that we can assure that any particular case will be won at trial or on motions. The best way to evaluate any case is to communicate about it in depth with qualified legal counsel, providing all relevant information to the attorney. It is dangerous to withhold facts from an attorney, and can lead to the delivery of legal advise that is fundamentally flawed. No attorney can prevent this from happening, as attorneys all must rely to some extent upon the information that is provided to them by their clients. The best way to evaluate an attorney is by that attorney's track record, and ours is open for discussion in any specific field. Our abilities as described on this website are based upon experience in actual cases, which have been successful more often than not. ©2015 Godfrey | Johnson, P.C. All rights reserved.

New Book

Brett Godfrey’s latest chapter on biomedical developments in the law. (Thompson-West 2015)