Medical devices are instruments or devices used to diagnose, mitigate, prevent, or treat medical conditions. Unfortunately, as the number of medical devices and their profit margins increase, experts report that medical device injuries are increasing at a rapid rate. According to the Food and Drug Administration (“FDA”) data examined by researchers, there were over 1.7 million medical device injuries and over 83,000 deaths from medical devices reported to the FDA in the past ten years.
Medical device cases attorneys have seen evidence of these increased injuries in their practice as well. Clients frequently seek advice regarding injuries they have sustained due to medical devices. Patients who have been harmed by medical devices due to someone else’s negligence deserve to be compensated for their resulting injuries and damages.
Common defective medical devices
There are countless medical devices available for use by medical professionals, but some of them are more commonly associated with injuries and death than others. Frequent defective medical device cases reported by attorneys at SMT Legal include the following:
- Transvaginal and surgical mesh
- Spinal stimulator
- Machines such as ultrasound machines, ventilators, and blood pressure cuffs
- Defective Lasik eye surgery
- Pacemakers
- Insulin pumps
- Hip and other joint replacements
- Birth control implants
- Drug coated stents
- Ear implants
- Pain pumps
Liable parties
Sometimes injuries from medical devices are not due to device defects, but are due to negligent medical care associated with the device. See below for parties who may be responsible for medical device injury cases.
- Negligent medical professionals – Negligent medical professionals may include those who do not adequately inform patients of the risks associated with medical devices, prescribed medical devices that were not right for patients’ conditions, or other negligent care associated with medical devices.
- Medical professionals who negligently and incorrectly implanted medical devices causing injuries.
- Negligent medical facilities in medical device cases.
- Manufacturers and sellers of defective medical devices.
- Medical device testing facilities that conducted inadequate testing of devices or failed to report device dangers.
- Medical device sales representatives who failed to disclose dangers or provided misinformation regarding medical devices.
Mercer County medical device cases attorneys at SMT Legal are aggressive advocates for patients who have sustained medical device injuries caused by defective devices or negligent medical professionals. Recoverable damages in medical device cases may include medical expenses, future medical expenses, pain and suffering, lost wages, and lost earning capacity. In the case of fatal medical device injuries, depending on the circumstances of the case, a wrongful death claim or survival action may be appropriate.
