Defective Medical Devices
Medical device manufacturers sometimes put products on the market before they are fully tested, which results in some dangerous risks. Given that new devices are entering the marketplace every day, it’s concerning that some of these products may be making it onto the shelves without much research. There is a false assumption that as technology advances, these products are safer and better researched and tested. Unfortunately, this is not always the case as manufacturers rush to enter the market and help maximize their potential profits.
If you or a loved one were injured by a faulty medical device, you need to contact a defective medical device attorney who can tell you whether you have a valid cause of action to pursue. At VanDerGinst Law, we have experience in personal injury matters, including defective medical device claims.
Medical Device Reporting
The FDA has set up medical device reporting, and they receive several hundred thousand reports each year involving suspected device-related injuries, malfunctions, and even deaths. Manufacturers are required to submit certain reports and problems. In the event they don’t, it could open them up to serious liability if someone is injured or killed because they failed to report problems, failures, or errors.
Examples of Known Defective Products
There are a number of medical products that were marketed and subsequently caused major injuries to a large number of users. Some of these include:
- Transvaginal mesh
- NuvaRing birth control
- Breast implants
- Defective pacemakers
- Defibrillator malfunction
- DePuy knee and hip replacements
- Stryker Rejuvenate and ABG II hip products
Proving a Defective Medical Device Claim
Proving a defective medical device claim can be complex. These differ from most personal injury claims as they are product liability cases. Someone has been injured due to a product defect, not necessarily due to the physician’s negligence. In order to be successful with a defective medical device claim, you have to prove the device had a defect and that this defect was the cause of the injury or death.
The majority of product liability claims are based on:
- A failure to warn — this is when a medical device manufacturer fails to warn patients of any potential dangers or risks, and it results in injury or death to a patient.
- Product design flaws — This is when a manufacturer of a product has a defect in the design, which causes injury or death to someone.
- Not Recalling — If a manufacturer opts to not recall a product it knows is, or is found to be, dangerous, they can also be liable.
Because medical device manufacturers have a large vested interest to keep these products on the market, you can bet they will aggressively fight any liability claims. Victims need to retain attorneys who are skilled in defective medical device claims because it is such a specialty area.
Contact a Defective Medical Device Attorney
If you or a loved one was injured by a defective medical device, contact out office right away to schedule a consultation. Let one of our skilled attorneys at VanDerGinst Law help you get the compensation you deserve, and be sure the medical device manufacturer is held accountable so no one else is injured