How does an Alere INRatio product liability lawsuit work?

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If you or a loved one were injured or died after suffering a serious bleeding event while using an Alere INRatio PT/INR monitor system then you may be able to recover damages by filing a product liability claim.  Medical device manufacturers like Alere have a duty to sell products that will not harm their users and the experienced product liability attorneys at the The Cochran Firm, D.C. are ready to hold Alere accountable.

The Cochran Firm, D.C. is actively investigating whether the Alere INRatio PT/INR monitor system and test strips were defectively manufactured, defectively designed, or did not provide adequate warnings for users. Compensation for the harm inflicted by an Alere INRatio monitor system includes pain and suffering, lost wages, hospital bills, and other damages.

Product liability attorneys for Alere INRatio users

The first step you will want to take when filing a product liability claim against a company like Alere is to retain effective legal counsel.  The Cochran Firm, D.C. has a strong history of securing favorable settlements for our clients and we have successfully tried many product liability cases.

Alere is a large, multinational corporation with ties to prominent law firms.  The Cochran Firm, D.C. has the resources of a national law firm and are ready fight toe to toe in order to secure the compensation you deserve.

Filing a complaint against Alere for defective INRatio monitors

product-liability-lawsuit-inratioOnce you have your case accepted by an attorney and retained counsel, your attorney will initiate a suit by filing a complaint with the appropriate court.  The complaint will name the plaintiffs, defendants, and the reasons for the claim.  After this, a summons will be issued to the party being sued informing them they must reply back to the court within a specific time period.

When a defendant responds to a summons they must address a variety of issues.  The defendant may file a motion with the court seeking to have the complaint against them dismissed or at the very least have the complaint modified.  Defendants must also address each allegation made against them by providing a legal defense they will use at trial.

Defendants may also make their own claims at this point.  They include counter-claims against the plaintiff, cross-claims against other parties named in the suit, and third party claims against someone not named in the original suit.

Investigating Alere INRatio product liability claims

Plaintiffs often must prove four elements when filing a product liability claim in order to secure a favorable outcome.  Your attorney usually needs to show:

  • You were injured or suffered damages
  • The product you were using was defective
  • Your injuries were caused by the defective product
  • You were using the product as it was intended

The Cochran Firm, D.C. will investigate and gather all the evidence needed to prove these aspects when you file an Alere INRatio product liability claim.  Additionally, we will investigate Alere’s corporate history, any previous consumer complaints, and the background history of the defective product.

This part of a product liability lawsuit is known as discovery.  It is where your attorney will investigate all the relevant facts of a case in order to gather evidence to force a settlement or be used at trial.  There are four aspects of the discovery process your attorney will use to make your case:

  • Interrogatories:  These are sets of questions sent between the parties involved in a lawsuit.  They ask specific questions about the details of a case.  Typical questions asked will include the name, location, and testimony of witnesses and experts as well as the name, location, and content of any relevant documents.
  • Depositions:  Sessions conducted outside of a court where attorneys collect sworn testimony from witnesses and other relevant parties.  In a product liability lawsuit your attorney will target the engineering and marketing personnel of the manufacturer of the defective product you were injured by.
  • Requests for admission:  These are written requests made by attorneys for both sides asking the other to verify whether or not statements and documents are true.
  • Inspection of documents:  In a product liability claim, your attorney is entitled to inspect relevant documents in the defendant’s possession detailing the design of the defective product in question.

Throughout the discovery process, attorneys for both the plaintiff (the individual injured by the Alere INRatio monitor or a individual’s family member in the case of wrongful death claims) and the defendant will file motions with the court.  Motions are written documents containing arguments based on facts and law that attorneys will present to the court presiding over the case.  Each side will be given copies of a motion and given an opportunity to make their case for or against it.

Multidistrict litigation and class action lawsuits against Alere

In cases where thousands of people are hurt by a defective medical device like the Alere INRatio monitor system, many of the suits filed will be consolidated into a multidistrict litigation or a class action lawsuit.

  • Multidistrict litigation: Large groups of cases making common legal claims may be transferred to and overseen by a single judge.  This is done with consideration for expediency and proper management of court resources.  The lawsuits will have separate verdicts but will have their pre-trial hearings, motions, and settlement conferences conducted together.
  • Class Action:  A single lawsuit with many plaintiffs.  The verdict or settlement reached in this case will apply to all plaintiffs who joined in the complaint.

Product liability trials and settlements

Alere-INRatio-recall-class-action-lawyer-uprightThe vast majority of product liability lawsuits are settled before they ever reach the trial phase.  Settlements often occur during the discovery process or mandatory pre-trial settlement conferences.  While a settlement may take months or reach to reach they may happen at any point during the proceedings, even after a verdict is handed down after trial.

If no settlement is reached during discovery or pre-trial settlement hearings the case will proceed to trial.  Aspects of a trial include jury selection, opening statements by attorneys, plaintiffs and defendants presenting their cases, and closing arguments by both sides.

After this, the jury will be given instructions by the judge on what the law is and they will make their deliberations to produce a verdict.  Once a verdict has been reached the legal process may not be over as attorneys for both sides can:

  • File motions to set aside the verdict.
  • Appeal the decision.
  • Mutually come to a settlement without the need to dispute the imposed amount a jury may award if your case is successfully tried.

The Cochran Firm, D.C. has helped secure millions of dollars for our clients

The DC personal injury attorneys at The Cochran Firm, D.C. have a long track record of successfully securing millions of dollars for our clients.  We are prepared to take your case all the way through the trial process and beyond in order to get you the compensation you deserve.

If you or a loved one were given an erroneously low PT/INR reading by an Alere INRatio monitor system and were injured after suffering a major bleeding event, we can help.  We offer free, prompt, and confidential case reviews and since we work on a contingency basis, there are no fees unless we recover for you. This means we only receive a percentage of a winning settlement or verdict. If you do not win your case, you do not incur any fees.

Call us locally at 202-682-5800 or 1-800-THE-FIRM (843-3476) to reach us 24/7.  You can also fill out a contact form here on our website a legal professional will contact you promptly.  Strict time deadlines when filing a product liability lawsuit so we ask that you contact us at your earliest convenience in order to preserve your rights.