Wrongful death due to a faulty defibrilator...

by Travis
(North Carolina, United States)

My mother passed away a couple of days before my birthday because of a medtronic defibrilator that shocked and killed her while she was sleeping. She was already in the process of suing for malpractice after she learned that there was a recall for the product way before she opted for it to be put in her chest.

But I'm her only child so it's left to me to see it through, but I never get to talk to her lawyers and they don't give me any kind of update on the case. I would really like to know how much my settlement could be worth and how I can get the lawyers to work with me. I would be more than grateful if you could give me an idea, thank you.

Visitor Question:
Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when deciding the proper course of a legal matter. Our response does NOT create an attorney-client relationship. Always get a formal case review from a licensed attorney in your area.

ANSWER for "Wrongful death due to a faulty defibrilator...":

If the lawyers you are referring to are for the medical malpractice claim, they will not talk to you because you are not their client. This is not to say that you will not BECOME their client eventually, but as of right now, they do not have an attorney-client relationship with you.

You will need to establish either through probate court or by producing a living trust reflecting YOU as the sole heir or the trustee of her estate. Once you do this, you will be able to receive information about her law suit.

As far as the second lawsuit for wrongful death against the maker of the defibrilator, you can sue on behalf of her estate. In that case, YOU would be the party actually hiring the attorney and there would be no reason for them to withhold information from you.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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