How are costs and fees allocated in a medical device injury case?

In a medical device injury case in California, costs and fees are allocated according to certain rules of civil procedure. Generally speaking, the party who initiated the claim (in this case, the injured person) bears the burden of their own costs, but the other party (the medical device manufacturer) is responsible for any costs related to their defense. For example, if the injured person files a lawsuit, they will be responsible for the costs associated with hiring a lawyer, filing court documents, obtaining evidence, and more. On the other hand, the medical device manufacturer will also be responsible for their own legal fees and other costs associated with building their defense. In addition, both parties may be required to pay for any expert witnesses, medical fees, and other fees related to the case. Ultimately, the court will decide who pays for each associated cost. In the event that the injured person is successful in the case, the medical device manufacturer may be ordered to pay the plaintiff’s legal fees in addition to any other damages that the court awards. This way, if the injured person wins their case, they will not be left with a large legal bill.

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How are costs and fees allocated in a medical device injury case?

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