Hamilton Medical initiates voluntary recall on four ventilator models due to critical software glitches, marking the latest Class I recall by the FDA
Hamilton Medical Ventilator
Hamilton Medical, a leading manufacturer of ventilators, has voluntarily recalled four different models of its breathing assistance devices. The decision comes in light of reports indicating that software malfunctions can cause these ventilators to unexpectedly cease functioning.
These ventilators play a crucial role in providing full or partial breathing support for patients and are also utilized during the transportation of patients. The U.S. Food and Drug Administration (FDA) has given this recall a Class I designation, signaling the potential for severe injury or even fatality if the devices are used.
The technical glitch in question causes the ventilators to transition into an “Ambient State” mode when operated for more than 91 continuous days without a system restart. This shift necessitates immediate manual intervention from healthcare professionals to ensure the airflow is not compromised, typically requiring a manual resuscitation device.
The affected ventilators in this recall are the HAMILTON-C1, C2, C3, and T1 models, which have been distributed between December 10, 2010, and May 1, 2023. While there have been 80 complaints lodged, no injuries or deaths have been reported in connection to this issue. In total, 21,429 units have been recalled across the United States.
On June 15, Hamilton Medical sent out notifications to those impacted by these software issues, strongly advising that the faulty ventilators be replaced and turned off to exit the “Ambient State” mode.
It’s worth noting that the demand for ventilators has surged dramatically due to the Covid-19 pandemic. According to GlobalData, the ventilator market was valued at approximately $1.1 billion in 2019 and is projected to rise to $1.5 billion by 2028, driven primarily by the demand for ICU ventilators.
Hamilton Medical now has a 15-day window to respond to the FDA’s warning letters, detailing how they plan to rectify these critical software issues.
The Process of Filing Your Claim For Harmed Caused By Defective Hamilton Medical Ventilators
If you or a loved one has suffered harm due to a defective Hamilton Medical ventilator, you may be eligible for compensation. Here’s a step-by-step guide to help you understand how to go about filing a claim.
Document the Incident
Gather all relevant information about the incident. This could include medical records, photos of injuries, and any correspondence with healthcare providers that indicates the ventilator was at fault. Make sure to note the model and serial number of the defective ventilator, and collect any existing evidence that demonstrates its malfunction.
Consult Our Legal Professionals
Reach out to a law firm specializing in product liability cases. Provide them with all the information you’ve collected. They will help you assess the strength of your case and advise on how to proceed. Many law firms offer a free initial consultation for such matters.
File an Official Complaint
Your legal representative will guide you through the process of filing a formal complaint against Hamilton Medical and any other responsible parties. This is where you officially state your case, listing how you or your loved one was harmed, and why you believe Hamilton Medical is responsible.
Investigative Phase
Both your legal team and Hamilton Medical’s will conduct investigations. Your lawyer will likely seek expert medical opinions, scrutinize the defective ventilator, and gather further evidence to strengthen your case.
Attempt to Settle or Go to Trial
Many companies prefer to settle these kinds of cases out of court to avoid public attention and the uncertainty of a jury trial. Your legal team will negotiate with Hamilton Medical’s lawyers to try and reach a satisfactory settlement. If a settlement cannot be reached, your case will go to trial.
Trial and Verdict
Should the case proceed to court, both sides will present their evidence. After listening to both parties and examining the presented evidence, the jury or judge will render a verdict. If you win, the amount of compensation will be determined.
Receive Compensation
Once a verdict is reached, or a settlement is agreed upon, you’ll receive your compensation. This can be a lengthy process and might require additional legal steps if the other party appeals the decision.
Post-Trial Actions
After the trial or settlement, your lawyer will guide you through any additional steps that need to be taken. This might include paperwork to release the compensation funds or any tax implications related to your award.
Navigating through a product liability claim can be complex and stressful. Having a legal team with experience in these types of cases can be invaluable in helping you recover the compensation you deserve for your suffering.
If your child has been adversely affected by this defective product, reach out to us immediately for a complimentary case evaluation. Your family could be entitled to significant financial compensation. As a nationwide law firm specializing in product liability, Parker Waichman LLP is committed to helping victims secure the restitution they deserve, coast to coast across the United States.
CONTACT PARKER WAICHMAN LLP FOR A FREE CASE REVIEW
Parker Waichman LLP helps families recover monetary compensation for harm caused by dangerous products like this defective product. For your free consultation, contact our national product liability law firm today by using our live chat or calling 1-800-YOUR-LAWYER (1-800-968-7529).
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