Defective Medical Devices

When patients consent to have a medical device implanted, they put their trust and confidence in their healthcare providers and the product manufacturers. However, many patients experience serious consequences, including death, due to defective medical devices. If you have sustained an injury due to a defective medical product, a skilled products liability lawyer at Goldberg & Osborne can assist you in establishing a claim.

Types of Defective Medical Devices

Some medical devices that have caused problems in the past include breast implants, transvaginal mesh, pacemakers and other heart devices, and hip and knee replacement devices.

Ways that Medical Devices Can Be Defective

Products can generally be defective in three ways: a design defect, a manufacturing defect, or a warning defect. A design defect occurs when there is a basic safety problem because of the way that the product was designed. This may signify that the product poses an unnecessary risk that could have been avoided by employing more effective technology or design that was available when the product was designed. It can also mean that the product may not work correctly once it is implanted. For example, a pacemaker that does not keep time correctly may have a design flaw. A manufacturing defect occurs when proper safety inspections were not completed or there was a quality control problem with the medical device. A warning defect typically occurs when an appropriate warning label was not placed on a product. Federal safety standards are in place to ensure that products are safe for the American public. When manufacturers breach this basic responsibility, they can be held accountable for monetary compensation.

Manufacturers’ Liability

If a medical device is defective, the designer or manufacturer of the product may be held liable for the damages that directly result. A manufacturer may have to pay a patient’s medical expenses for another surgery or procedure to install a replacement medical device. The patient may also be entitled to receive compensation for the cost of a new medical device, renovations to make their home wheelchair-accessible, lost wages, loss of future earnings, or pain and suffering. If the medical device caused the patient’s death, certain close family members can sue for separate damages.

Proving a Defective Medical Device Claim

An experienced attorney from Goldberg & Osborne can evaluate your medical records to help prove the extent of your injuries. He or she can retain the services of medical experts that review the manufacturing process and explain how the product was defective. Your attorney can also examine documentation from the manufacturer that indicates if and when safety inspections were completed.

If you were seriously injured by a defective medical device, or a medical device caused you to lose a loved one, an experienced attorney from Goldberg & Osborne will thoroughly review the circumstances of your case and inform you if you have a viable claim. Submit a simple case form here or schedule a free consultation with one of our experienced attorneys by calling 1-800-THE-EAGLE (1-800-843-3245).


Let Us Help You Seek Justice

Email us information about your potential claim, or give us a call 24/7 at 1-800-THE-EAGLE (1-800-843-3245) for a free, no obligation consultation.
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