Medical devices are an important part of many treatments provided by healthcare specialists. They can be used to improve mobility, regulate your heartbeat, ensure proper breathing and improve your health in many ways. In most instances, these devices work properly and deliver life-changing benefits to patients. However, when these products malfunction, it can result in devastating injuries.
Sadly, medical device manufacturers will sometimes prioritize profits over patient safety. After investing millions of dollars in research and development, they stand to lose billions of dollars if their medical devices don’t make it to market. This behavior has resulted in many subpar medical devices being implanted into patients.
The injuries from a defective medical device can result in crippling financial and emotional burdens on you and your family. In some instances, it can result in serious long-term health issues. If you’ve suffered an injury caused by a defective medical device, you may be entitled to recover compensation for your damages. It’s important to work with an experienced attorney who can protect your rights and hold the device manufacturer accountable for their negligent actions.
What Is a Medical Device?
Just about any device used by medical professionals to treat injury or illness is considered a medical device. This can include:
- Heart defibrillators
- Stents (tubes inserted into an artery to prevent blockage)
- Implants (used to restore the function of an injured joint, such as a shoulder or hip)
- Insulin pumps
- Pain pumps
- IVC filters (used to reduce the risk of pulmonary embolism in patients who have a high risk of suffering blood clots)
- Transvaginal mesh (used to treat pelvic organ prolapse or stress urinary incontinence)
- Contraceptive devices
When these devices break down earlier than expected or don’t function properly when inserted, it can result in painful injuries that often require additional surgical procedures to remove the defective device.
Types of Defective Medical Device Claims
There are three different categories of defective medical device cases:
- Medical devices with a manufacturing defect – This involves an error with the manufacturing process. In this situation, only the devices impacted by the manufacturing error will be defective.
- Medical devices with a design defect – These devices were manufactured correctly, but have a dangerous design that creates a high risk of injury. In this situation, all devices manufactured using that flawed design will be defective.
- Medical devices that are improperly marketed – If the medical device company fails to provide adequate warnings regarding dangers or adequate instructions regarding safe usage, this improper marketing may result in the device being considered defective.
Who Can Be Held Liable in a Defective Medical Device Case?
Depending on the specifics of your case, there may be several parties that are liable for your injuries, including:
- Medical device manufacturer – Often, the manufacturer of the device will be at least partially responsible for defects associated with their product.
- Testing lab – If the device was tested at a third-party lab, an error in the testing process could result in the lab being at least partially liable.
- Medical sales rep – Medical device manufacturers employ sales reps who meet with healthcare professionals to convince them to use their product. If the sales rep provides misleading information or fails to warn doctors of risks associated with the device, they may be held liable for your injuries.
- Doctor – The doctor who recommended using the defective medical device may be held liable if they failed to warn you about potential dangers associated with the device.
- Hospital or clinic – The hospital or clinic may be held liable if their actions contributed to your injury.
Damages in a Defective Medical Device Case
Depending on the specifics of your claim, you may be entitled to recover compensation for:
- Current and future medical bills associated with the injury caused by the defective medical device
- Prescription costs associated with your injury
- Any corrective surgeries required to repair or replace the defective medical device
- Lost wages if you miss time at work due to the injury
- Pain and suffering
An Experienced Lawyer Can Help
Defective medical device cases are highly complex. It’s important to work with an experienced attorney who understands the medical principles associated with these claims, and who can ensure your compensation reflects the full extent of your damages. Medical device manufacturers have high-powered legal teams working on their behalf. An experienced attorney can help level the playing field and give you the edge you need when seeking to maximize the value of your compensation.
