As a consumer, you want to believe that the medical devices you rely on are safe to use. While the Federal Food and Drug Administration (FDA) closely monitors the production of medical devices, it’s still too common to find injuries caused by these products. If you or a loved one have been injured by a dangerous or defective medical device, you may be entitled to compensation through a lawsuit.
What a Medical Device Is
Medical devices are devices used by therapists, techs, hospitals, nurses, or physicians to treat a health condition or disease. In the past few years, there have been many high-profile cases in the news regarding defective medical devices.
How Product Liability Law Pertains to Defective Medical Devices
Victims of defective medical devices can file any of the three different types of lawsuits. The first is asserting that the device wasn’t properly manufactured. Damage occurring at any point in the stream of commerce up until the moment the patient receives the medical device can be considered a manufacturing defect. As an example, if the device is damaged in the hospital, you can still sue under a manufacturing defect lawsuit.
The second lawsuit type involves negligently designed and unreasonably dangerous products. If you can prove the offender was negligent, you may be able to punish them with punitive damages, which is a high damage award.
Lastly, if there is an inadequate or non-existent warning about a product’s side effect, or it is marketed in another defective manner, the manufacturer can be held liable. Liability can also be extended to the medical provider, sales rep, or hospital that puts you in contact with the device.
The following products have made headlines by causing injuries to trusting consumers:
- Metal Hip Replacement Side-effects, or Cobalt Toxicity – Defects in metal on metal hip replacements often lead to unnecessary surgeries to remove them after they cause cobalt toxicity or metallosis The manufacturer, and sometimes the surgeon who performed the procedure, may be held liable.
- LASIK Eye Surgery – A common treatment for vision problems, this procedure still has risks. If the equipment is damaged or the surgeon is negligent in performing the procedure, you could end up blind. We can help you seek compensation for your injuries.
- Contraceptive Devices and Intrauterine Devices (IUDs) – IUDs are becoming increasingly scrutinized for their safety. They can lead to hemorrhaging, be expelled, or dislocate leading to unintended and life-threatening pregnancies.
- Transvaginal Mesh – As a treatment for urinary incontinence and pelvic prolapse, mesh implants may lead to severe complications including mesh erosion where pieces break off and puncture nearby organs.