Since FDA has come out and said not to use BioZorb, more patients may learn about the risks. More hopefully will come to understand they may have a legal claim. That doesn’t always happen, but for those who do, here is some information.

Understanding the Legal Process in a Personal Injury Case: BioZORB Complications

BioZORB, a device used in breast cancer treatments, has helped many women navigate the path to recovery. It is a bioabsorbable marker placed at the site of tumor removal to help doctors target radiation more effectively. However, while BioZORB has proven beneficial for many patients, others have experienced complications and injuries linked to the device, such as infections, chronic pain, or issues with the implant dissolving properly. For those suffering from these unexpected side effects, seeking legal action from a personal injury attorney may be necessary.

Here’s a breakdown of what the legal process for a personal injury case involving BioZORB looks like, and what you can expect.

1. Initial Consultation with an Attorney

The first step in any personal injury case is contacting a lawyer experienced in product liability. During the initial consultation, you will explain your situation, including the timeline of your treatment, how BioZORB was used, and any complications you experienced as a result. The personal injury attorney will evaluate whether your case has merit by looking at factors such as medical records, the severity of your injury, and the device’s role in causing harm.

2. Investigation and Evidence Gathering

Once you decide to move forward, your attorney will begin gathering evidence to build your case. This process includes reviewing medical records, obtaining expert opinions, and collecting documents that demonstrate the harm caused by BioZORB. Your personal injury lawyer will also investigate whether the manufacturer provided adequate warnings about potential risks or if there was a defect in the device.

In a case like this, expert testimony from medical professionals is often critical. These experts help establish that the BioZORB device directly caused the injury, and they also clarify what risks the manufacturer should have foreseen.

3. Filing the Lawsuit

If your attorney believes there is a strong case, they will file a formal lawsuit on your behalf. The complaint will detail the nature of your injury, how BioZORB caused the damage, and what compensation you are seeking. The lawsuit is typically filed against the manufacturer of BioZORB, though other parties such as the hospital or healthcare providers could be included if their actions contributed to the injury.

4. Discovery Process

After the lawsuit is filed, both sides enter the discovery phase. During this period, attorneys from both sides exchange evidence, take depositions from witnesses and experts, and conduct interviews. Your personal injury attorney will continue to strengthen your case by gathering further evidence that shows the link between BioZORB and your injury.

This phase is often lengthy, but it’s critical for building a compelling argument to present in court or during settlement negotiations.

5. Settlement Negotiations

Many personal injury cases, including those involving medical devices like BioZORB, end in a settlement before reaching trial. Once the evidence has been gathered, your lawyer may enter settlement discussions with the opposing side. Both parties will negotiate a fair compensation amount based on your injuries, medical expenses, lost wages, and pain and suffering.

If the settlement is fair and meets your needs, you can choose to resolve the case without going to trial. Your attorney will guide you through these negotiations to ensure you receive adequate compensation.

6. Trial

If a settlement cannot be reached, the case will proceed to trial. During the trial, both sides will present their evidence, and a judge or jury will decide whether the manufacturer of BioZORB is liable for your injuries. Your attorney will present medical records, expert testimony, and other key evidence to show that BioZORB caused harm and that the manufacturer failed to properly warn of the risks.

If the judge or jury rules in your favor, you may receive compensation, which could cover medical bills, future treatments, lost wages, and damages for pain and suffering.

7. Post-Trial and Appeals

After the trial, the losing party may file an appeal if they believe there was a legal error during the trial. This could extend the legal process, but your attorney will continue to advocate for you through any appeals that arise.

Final Thoughts: Why You Should Seek Legal Help

If you or a loved one has suffered complications from BioZORB, navigating the legal process alone can be overwhelming. The personal injury process can be complex and time-consuming, but having an experienced attorney on your side can make all the difference. They will handle the intricate legal details, allowing you to focus on your recovery.

How KBA Can Help

At KBA, we have a team of attorneys well-versed in personal injury and product liability cases, including those involving medical devices like BioZORB. We understand how to investigate, build strong cases, and secure the compensation our clients deserve. If BioZORB has caused you harm, contact us today for a free consultation. We’ll guide you through the legal process and fight to ensure that your rights are protected.