The desire of medical device manufacturers to reap the financial benefits of public demand has resulted in some dangerous medical devices entering the market before they are fully tested. While the Food and Drug Administration (FDA) attempts to screen medical devices for their effectiveness, they frequently rely upon testing data supplied by drug and medical device manufacturers, which may be biased and inherently incorrect. Contact a defective medical device lawyer at our firm, Rosenfeld Injury Lawyers, to find attorneys committed to representing people injured by defective medical devices and helping them to get the fairest medical device settlement amounts.
Call a Top Defective Medical Device Attorney to get Help & Compensation for Your Injury
Complete our online case intake form for a free review of your medical device injury case. A top medical device attorney will personally review your situation and advise you of your legal options with no fees or obligation required on your part. And while our medical device recall lawyers are based in Chicago, we handle medical device lawsuit cases across Illinois and the entire United States.
Rush to Market Helps Companies, Hurts People
Unfortunately, medical device manufacturers' desire to maximize profits has resulted in many drugs and devices being rushed to market. While the Food and Drug Administration (FDA) attempts to screen many of these drugs and medical devices, they frequently rely upon testing data supplied by drug and medical device manufacturers, which may be biased and inherently incorrect.
Faster Approvals, More Problems
In 1976, the FDA adopted a process called 510(k). This process allowed for quicker approval of medical devices that were similar to existing products already available without the normal testing that would usually be required. This is a quicker, less expensive way for medical device companies to get their products onto the market. Consequently, we are seeing defective medical devices entering the market that simply are unsafe and that lack any long-term studies. The result? Thousands of consumers are suffering life-changing injuries and even death due to medical devices that are defective and downright dangerous.
In a study published in the Journal of the American Medical Association, Class I recalls of medical devices were looked at in relation to the 510(k) process. Class I recalls are considered the highest-risk situations. Of 113 Class I recalls of medical devices in the study period, 80 of them were approved through the 510(k) process.
Proving Product Liability Claims Against Medical Device Manufacturers and Distributors
Personal injury cases that stem from unsafe medical devices differ from all other types of common injury cases. These are product liability cases where a person is injured due to a defect in the product, not due to negligence on the part of the physician. For a case of product liability to be successful, there must be proof that the product was defective and caused the injury or death. Most medical device defect lawsuits are based on the following:
- Failure to Warn: If manufacturers of a medical product fail to warn patients of potential risks or dangers, they may be liable for the injury.
- Design Flaws: Manufacturers of products that have defects in their design that cause injury may be liable for damages.
- Failure to Recall: If a medical device manufacturer or pharmaceutical company fails to recall a product that is found to be dangerous, they may be liable.
These types of cases can be extremely complex and require extensive research. Medical companies have a huge financial interest in keeping their products on the market and will fight aggressively against any liability claims. Victims in these types of cases need a defective medical device lawyer in Illinois who is experienced in handling medical device lawsuit cases to represent them, fight for their rights, and seek the best potential medical device settlement amounts.
We'll Fight for You and Never Look Back
Rosenfeld Injury Lawyers is committed to holding medical device manufacturers responsible for patient injuries and deaths caused by their products. Depending upon the medical device involved, we can pursue a claim for you individually or help direct you to an established class action.
Currently, Rosenfeld Injury Lawyers is investigating medical device lawsuit cases involving:
- Allergan Breast Implants
- Stryker Rejuvenate and ABG II hip products
- Hernia mesh
- Transvaginal mesh
- Zimmer hips
- IVC Filters
- Surgical stapler malfunctions
Certainly, as more medical devices are rushed to market, faulty devices will continue to put consumers at risk. Rosenfeld Injury Lawyers is at the forefront of investigating and prosecuting injuries caused by dangerous medical devices, and we're committed to seeing that our clients' interests are protected. If you or a family member has suffered an injury related to a recalled medical device, we welcome the opportunity to discuss the case with you to determine how we can most effectively represent your interests.