Defective Medical Devices
Advances in medical technology can provide many benefits to patients who are in desperate need of a breakthrough in treatment. Many devices can only be described as life-saving technologies, while others can provide an improved quality of life, The large majority of medical devices are created to be safe and effective alternatives to already available treatments. However, some new technologies suffer from design flaws, manufacturing defects, or insufficient warnings about the potential dangers. Defective medical devices can cause catastrophic injuries, degenerative conditions, or even death.
In many defective product cases, it is up to the patient or a family member to take legal action against the manufacturers of the device to recover compensation. Please contact Impact Law to arrange a complimentary case evaluation with an experienced and reputable attorney from our nationwide legal network.
Defective Medical Product Recalls
Some medical devices have been recalled by manufacturers because their products led to serious injury or death in patients. These devices include:
- Sulzer hip replacement
- Sulzer knee replacement
- Dialysis Filters
- Shoulder Pain Pumps
- Hip Replacement Systems
- Power Morcellators
- Hernia Mesh
- Pelvic Mesh
Additionally, some medical devices are currently being investigated for problems with their design, or failure on the part of the manufacturer to warn patients and physicians of the increased risk of complications:
Defective Medical Product Litigation
As with other types of product liability and personal injury lawsuits, claimants in defective medical devices cases must establish liability on the part of the manufacturers of the product. Typically, these types of cases allege that the manufacturers failed to meet certain basic safety and efficacy standards, including:
- Design flaws
- Manufacturing defects
- Failure to warn
- Improper labeling
- Intentionally concealing information from consumers and healthcare professionals
Depending on the nature of the injuries sustained and the product itself, these cases can be very complex and difficult to establish liability. A qualified defective products attorney has the knowledge and experience to help you build a strong case against the responsible parties and secure compensation for your difficulties.
Class Action and MDL
Many people are familiar with the term class action lawsuit, but are unsure of the exact meaning. In a basic sense, a class action lawsuit groups claimants together who have all suffered similar injuries or hardships against a common defendant. The larger class is represented by a small group of defendants and attorneys, and any decisions made in the case are legally binding for all members of the class.
Multidistrict litigation (MDL) is similar in that it groups together similar cases against a common defendant. In contrast, plaintiffs in an MDL retain their own legal counsel and make their own decisions concerning settlements and proceeding to trial. Each individual case remains separate from the others.
The purpose of these two types of litigation is to streamline and expedite pretrial processes, such as discovery of evidence, and give more individuals the ability to take on corporate giants. Facing larger entities with vast financial resources can be prohibitively expensive for victims of corporate negligence.
Consult a Defective Product Lawyer
If you or a member of your family has suffered negative health effects due to use of a defective medical device, consult a product liability attorney to find out whether you have a viable lawsuit.