Upon the start of your case, your attorney will seek to build a narrative of when your injuries occurred, the extent of damages those injuries caused, and how those injuries were related to the device in question. Then, they will examine what defects made the device harmful and the best way to pursue a case based on those facts.
While plaintiffs in most states (outside North Carolina) may not legally be required to prove that a company knew their device was harmful or that there is a pattern of defective devices of the same make and model, providing evidence of negligence can strengthen a case tremendously. Your attorney will work hard to uncover evidence that the manufacturer or company in question caused similar harm to other victims. They will also pursue evidence that the company was somehow aware of the defect and the harm it would cause, increasing the likelihood of a favorable outcome for the plaintiff.
Expert witnesses are often used in these cases to attest that the defective medical device directly caused the harm to the patient. Often, defending parties will allege that the injuries were the result of or made worse by factors outside the use of the device. In some cases, they may claim that you failed to follow instructions for using the device. Your lawyer will work to contradict these claims, providing evidence or testimony linking your injuries to the device and noting your correct usage of it.
The majority of successful defective products and personal injury cases will result in a settlement between the injury victim and a company — or, more likely, their insurers. A minority of cases will proceed to a lawsuit, arbitration, or trial. If a court decision must be made, the compensation that comes from the award is decided upon by the jury or judge.