Defective Medical Device Attorney

Medical devices are designed to save patients’ lives. Yet, defective devices are regularly reported to the Food and Drug Administration and other safety organizations. From 2018 to 2022, hundreds of major medical devices, including pacemakers and implants, were recalled [1].

If you experience defective medical products in your treatment, you may be left with worsening symptoms, more surgeries, and high fees. You may be eligible for a lawsuit if you or a family member suffered injuries due to faulty or defective medical products. 

Proving negligence can be difficult in a medical product case, so working with a defective medical device lawyer is advisable. Rosenfeld Injury Lawyers are experienced in product liability laws, including defective medical products. We’ll help you explore your legal options and recover damages following a faulty product injury.

What Causes Defective Medical Devices?

• Flawed design: A flawed product design can make it unsafe or more likely to malfunction.
• Failure to complete safety testing: Medical products should undergo extensive testing before use. Improper or insufficient testing by the manufacturer could lead to injury.
• Manufacturing error: Defective products can also arise from a mistake in the manufacturing process.
• Low-quality materials: Using low-quality materials could lead to defects that harm the user.

What If a Medical Device Is Recalled?

Manufacturers sometimes recall medical devices if they’re found to be defective or harmful to users. In some cases, the manufacturer may decide to recall the product voluntarily, while in other instances, the Food and Drug Administration (FDA) may require a recall.

However, a recalled medical device doesn’t always mean the product will be removed from the shelves or a patient’s body. A recalled product also doesn’t remove manufacturer or designer liability.

Medical appliances are being recalled at higher rates than in previous years. The FDA reports the number of product recalls increased by 97% in the ten years from 2003 to 2012. They also reported over 1.7 million injuries due to defective medical devices [2].

The Food and Drug Administration reports new recalls regularly, and it’s unrealistic for the average consumer to monitor these lists [3]. Additionally, by the time a manufacturer recalls a product, it may have already caused unnecessary harm to many patients.

You may still be eligible for compensation if you suffered an injury due to a medical device defect. Our defective medical device attorneys can review the details of your case and determine the best legal steps.

Types of Defective Medical Devices

Any medical device can be deemed defective if it no longer works as intended or causes unintentional harm to a large population. Our defective medical device lawyers work with a wide range of products, including the following:

• Body monitors
• Insulin pumps
• Hip implants
• Knee replacements
• Cosmetic surgery products
• Pacemakers
• Hernia mesh
• Transvaginal mesh
• Stents
• Defibrillators
• Prescription medicines

Injuries in Defective Medical Device Claims

Faulty medical devices can lead to both short- and long-term injuries, with some of the most common including the following:

• Bleeding
• Internal injury
• Infection
• Chronic pain
• Organ damage
• Chemical burns
• Broken or fractured bones
• Surgery

In extreme cases, the injuries caused by defective medical products could also lead to a loss of life. If a defect caused the loss of a loved one, you may be eligible to seek compensation through a wrongful death claim.

Why You Need a Defective Medical Device Attorney

Medical defects can be challenging to prove. Consulting with a medical device attorney may be worth it if you’re considering legal action against the manufacturer for known defects.

It’s important to note that product liability claims require the victims to demonstrate the burden of proof. The plaintiff or person injured by the defective product is responsible for proving the product is dangerous. Therefore, those injured by faulty products should consult a lawyer as soon as possible.

A defective product attorney can also assist you in establishing the value of your damages, negotiating with the insurance company, and ensuring a fair settlement. You often go against large insurance companies with many resources when it comes to medical malpractice cases. You need an experienced team to assist you in your product liability case.

Proving a Medical Device Claim

Establishing negligence is an integral part of a defective medical device lawsuit. Specifically, regarding medical devices, your lawyer will aim to prove negligence in one of the following ways.

Design or Manufacturing Flaw

Negligence may include defective manufacturing practices or design flaws. Medical device manufacturers are required to repair inherent design flaws before sending them to the manufacturer. Most defects are resolved before the product is sent to the patients, but this isn’t always true.

Failure to Warm Consumers

Medical device companies are also required to warn consumers of any potential risks of using the product. They could be considered negligent if they fail to do so, and the defective medical device leads to injury.

Failure to Recall Product

Medical device manufacturers are expected to recall faulty or dangerous products promptly. If they don’t, they could be liable.

Compensation You Can Get in a Medical Device Claim

Both economic and non-economic damages are available in defective medical device cases and include the following compensation.

Economic Damages

When medical devices fail, it can leave the patient in a difficult financial position. In addition to the costs related to replacing the medical appliances, the injured person may also have to undergo additional surgeries, which require time off from work. Some defective medical products can also worsen the patient’s condition. 

Economic damages in a defective medical product case might include medical bills, lost wages, surgical costs, property damages, temporary childcare, rehabilitation costs, and lost employment benefits.

Non-Economic Damages

Non-economic damages cover the non-financial consequences of a product liability claim. A person who suffers serious injuries due to a defective medical device might incur pain and suffering. 

They may also lose their ability to enjoy the same activities they once did. Other available non-economic damages include mental anguish, loss of society, or loss of consortium compensation.

The Value of Your Defective Medical Device Lawsuit

There is no set lawsuit amount you can expect after suffering injuries from defective medical devices. Instead, how much you recover in compensation will depend on the following factors:

• Type of injuries: The injuries you experience from the defective devices will affect your lawsuit’s value. Long-term consequences usually result in a higher compensation amount than short-term.
• Available evidence: Personal injury law requires victims to demonstrate the burden of proof, meaning what evidence is available will also factor into your settlement amount.
• Medical device attorney: Working with a defective medical device lawyer can improve your chances of a successful claim.

Medical device companies have paid over $1.6 billion since 2008 to settle violations or defective medical device-related injuries [4]. 

Contact a Defective Medical Device Lawyer Today!

Call our law firm today at (888) 424-5757 for a free consultation, or fill out our online form to have a lawyer contact you.

Resources: [1] National Library of Medicine, [2] ConsumerNotice.org, [3] U.S. Food & Drug Administration, [4] International Consortium of Investigative Journalists.