What is the process for appealing a medical device injury case?

Appealing a medical device injury case in Washington is a multi-step process. First, the injured party must determine what, if any, court they must appeal in. Medical device injury cases are often heard in the Washington State Supreme Court, the state’s highest court. The injured party must file a notice of appeal with the court within 30 days of the original decision. The injured party must also prepare an appellate brief, which provides the court with the legal arguments that the decision was wrong and should be overturned. The brief must explain why the lower court’s decision was wrong and why it should be changed. The party must also provide the court with any evidence or arguments from the original hearing that supports their position. Once the court receives the appeal, it will issue a written opinion. The court may affirm the lower court’s decision or reverse it. If the court affirms the decision, the injured party may have the option to appeal to federal court. The federal court will consider the same arguments and evidence as the state court did, but with a different perspective. In either case, the process of appealing a medical device injury case can be long and complex. It is important to consult with an experienced attorney who can guide you through the process and help you achieve the best result possible in your case.

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