What types of damages can be recovered in a medical device injury lawsuit?
In Kansas, a person can recover damages in a medical device injury lawsuit arising from any injury, illness, or other harm caused by a defective medical device. The types of damages that can be recovered in a medical device injury lawsuit in Kansas include medical expenses, lost wages, pain and suffering, emotional distress, and other related damages. Medical expenses might include hospital stays, cost of medical treatments, costs of medical equipment and prosthetics, and cost of physical therapy or counseling. Lost wages are those wages that the injured person was unable to earn while recovering from their injury. Pain and suffering are damages awarded to the injured person for any physical and mental anguish suffered because of the injury. Emotional distress encompasses any psychological distress that resulted from the injury. Additionally, a person may be able to recover punitive damages if the medical device manufacturer displayed an egregious, reckless, or malicious disregard for the safety of the injured person. Punitive damages are meant to punish the manufacturer for their actions and are awarded in addition to other damages. In some cases, a medical device injury lawsuit can be brought by the injured person’s family members or representatives. In such cases, damages may include those listed above as well as loss of consortium, which compensates the family for the loss of companionship, comfort, and support.
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