Quick Contact

Please fill out the form below and our attorney will contact you.

!
!
!

Our Office

The Offices of Michael J. Elsberry, APLC have a combined 65 years of experience representing and consulting with Healthcare clients in both litigated and non-litigated matters.

Medical Malpractice Matters

  • Hospitals
  • Surgical Centers
  • Dialysis Centers
  • Outpatient Clinics
  • Primary Care Physicians
  • Medical Specialists including Surgeons, Oncologists, Ophthalmologists, Orthopedists, Podiatrists, Radiologists, Infectious Disease, Orthotics/Prosthetics, Neurologists, Psychiatrists and Psychologists
  • RNs, LVNs, MAs, CNAs and support staff
  • Licensed Technicians including Radiology Technologists, ST, OT, PT
  • LCSW and Case Managers
  • Hospice Providers

Mental Health Matters

  • Acute Care Psychiatric Facilities
  • Outpatient Psychiatric Care Facilities
  • Board and Care for Mental Health Clients
  • Psychiatrists
  • Psychologists
  • Licensed Mental Health Workers
  • Non-licensed Mental Health Workers
  • Ownership and Management issues for Mental Health Providers

Elder and Dependent Adult Abuse

  • Hospital-based Allegations of Abuse and Neglect
  • Allegations of Nursing Home Abuse and Neglect
  • Allegations of Abuse and Neglect in Mental Health Facilities
  • Outpatient and Home Health allegations of Abuse and Neglect

Administrative Investigations and Litigation

Matters before all Boards within the jurisdiction of the California Department of Consumer Affairs as well as Federal, State and County bodies including:

  • Medical Board of California
  • California Board of Registered Nursing
  • Board of Vocational Nursing & Psychiatric Technicians
  • Dental Board of California
  • Physical Therapy Board
  • California Department of Public Health
  • Board of Behavioral Sciences
  • U.S. Department of Health & Human Services
  • California Department of Human Services
  • Multiple County-based regulatory departments and agencies
  • Board of Chiropractic Examiners
  • Occupational Therapy Board
  • Board of Optometry
  • Osteopathic Medical Board of California
  • Board of Pharmacy
  • Physician Assistant Board
  • Podiatric Medical Board
  • Board of Psychology
  • Respiratory Care Board
  • Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board

We also provide consultation and representation for related issues including:

  • Patient Protection and Affordable Care Act (PPACA)
  • Health Insurance Portability and Accountability Act (HIPAA)
  • Health Information Technology for Economic and Clinical Health (HITECH)
  • Medicaid
  • Medicare
  • Pharmaceuticals and prescriptions
  • Licensure and safety
  • Business and billing practices
  • Whistleblower statutes

Medical Device Liability

Medical devices are designed to save and enhance lives. In most cases, they achieve these results. Unfortunately, some devices have hidden defects or cause health issues in spite of extensive and costly research and testing on the part of the companies that manufacture them. The law provides some recourse to patients injured by medical devices and implants, but also protects businesses such as manufacturers, distributors and sellers/service providers when they had no reason to know their product was harmful. At Michael J. Elsberry, A Professional Law Corporation, our attorneys defend medical device manufacturers in litigation when they face defective products claims. We also defend against suits alleging that a business failed to warn customers of known dangers. We offer knowledgeable counsel and strong advocacy to limit your business's liability.

The U.S. Food and Drug Administration (FDA) has jurisdiction over the manufacture and sale of these products, and most medical devices undergo extensive testing. Unfortunately, injuries still occur. Some of the most common defective medical device claims in product liability lawsuits include:

  • Joint replacements, including metal-on-metal implants
  • Stents and catheters
  • Pumps
  • Cardiac defibrillators
  • Transvaginal mesh and hernia mesh
  • IUDs and other reproductive health devices

Claimants bring lawsuits against manufacturers under a variety of legal doctrines. On behalf of your business, our attorneys present a strong defense against a variety of claims including:

  • Strict liability claims — This doctrine allows an injured person to receive damages without the requirement of proving that your business was negligent. Strict liability laws vary by state, but in principle, they allow claimants to obtain compensation by showing that their injuries were caused by a defective product that your company produced or sold.
  • Negligence claims — The basis of a negligence claim is that your company owed a duty of care to those who were going to make use of your product. In the case of defective medical devices, especially those implanted in patients, your company's alleged negligence could fall under one or more of the following categories:

    • Defective design
    • Inadequate research
    • Insufficient product testing
    • Faulty manufacturing practices
    • Failure to issue a warning to discontinue use of the product when the dangers first became apparent
    • Failure to recall the product

As soon as a medical device has been found to cause problems or show defects, your business is required to notify the FDA and warn the public about the defect and the problems it has caused. Failure to notify the FDA about the known defect may expose your company to liability for injuries and illnesses resulting from continued distribution, marketing or sale of your product.

Call us at 714-627-5082 or contact us online to schedule a Free consultation.