What types of damages can be recovered in a medical device injury case?

Damages in a medical device injury case may include both economic and noneconomic losses. Economic damages are considered more tangible losses, such as medical expenses, lost wages due to time away from work, property damage, and other out-of-pocket costs. Noneconomic damages are more intangible losses, such as pain and suffering, loss of companionship, loss of quality of life, and emotional distress. In North Dakota, both types of damages may be awarded when a medical device injury has occurred. To be eligible for compensation, a plaintiff must prove that the manufacturer of the medical device failed to meet its duty of care in designing, manufacturing, or labeling the device. This could include a failure to use reasonable care in producing the device, or failing to provide adequate warning or instructions regarding use of the device. If the plaintiff can establish that the medical device manufacturer was negligent, then damages may be recovered. Economic damages can usually be calculated directly from medical expenses and other out-of-pocket costs resulting from the injury. Noneconomic damages are often more difficult to quantify. These losses may be estimated by a court, or a jury may even decide on what a reasonable compensation would be. In some cases, a plaintiff may also be able to recover punitive damages. These damages are typically intended to punish the defendant and serve as a deterrent for similar behavior in the future.

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What types of damages can be recovered in a medical device injury case?

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