Cochlear Implant Lawyer

If your defective cochlear implant has already been removed, the manufacturer will likely have performed a series of tests on the explanted device to determine the reason it failed.

If you or a family member have had a cochlear implant surgically removed, it is important to contact us as soon as possible so that we may evaluate the claim and preserve your legal rights, as you have a limited time to file after the device is removed due to applicable statutes of limitation.

Manufacturers often classify problems as part of a broader cochlear implant recall or field corrective action after they see the same mode of failure repeated in multiple devices. By acting quickly, we can request and review testing data on your explanted implant, compare it with similar failures we have seen in other cases, and determine whether your experience fits into a pattern the company or the FDA has already identified. This type of comparison is critical in product defect litigation because it helps show that the issue is not an isolated surgical complication, but a repeating problem in the design or manufacture of the device.

We also work with families to gather the day-to-day evidence that can be just as important as the engineering analysis, including journals describing periods of lost sound, photographs of external components, and correspondence with audiologists or cochlear implant representatives. When a device fails and must be replaced, there can be gaps in hearing, additional anesthesia risks, and new rehabilitation needs, all of which may form part of a claim for compensation. Our goal is to make sure that none of these consequences are overlooked during the legal evaluation.

Again, our Los Angeles cochlear implant lawyers provide a free-of-charge initial consultation to discuss your potential claim, so there is no downside to contacting us. To learn more about the cochlear implant recall, do not hesitate to call our office to schedule your free initial consultation.

Do I Have a Cochlear Implant Lawsuit?

After a device fails, many families are unsure whether they simply had a bad result or whether they have grounds to pursue a product liability claim. In broad terms, a potential lawsuit exists when the evidence shows that the implant or one of its components did not perform as a reasonable patient or surgeon would expect when used as intended. That can involve a design defect that affects an entire model line, a manufacturing defect that affects a particular batch, or inadequate warnings about known risks and failure modes. Our role is to sort through these possibilities in a structured way so you have clarity about your options.

In evaluating a potential case, we look at the complete timeline of your experience: when the device was implanted, when problems began, what your audiology records show, and whether your model appears in any public safety notices or field corrective actions. We also consider whether there were any alternative causes, such as surgical complications or unrelated medical conditions, and whether the implant failure led to additional surgeries, infections, or loss of hearing that would not otherwise have occurred. By comparing your situation with other matters we have handled across California and in federal courts around the country, we can provide a realistic assessment of whether a claim is viable.

Because there are strict time limits for filing lawsuits in California and in other states, it is important not to wait until all questions are resolved before seeking guidance. Even if you are still working with your surgeons to decide on a revision strategy, we can begin preserving records and analyzing whether a defect may be involved. An early review allows us to protect your rights while you and your medical team focus on health decisions, and it reduces the risk that critical technical evidence will be lost.