The reality is stark: anytime you require the use of a medical device, you may be injured at no fault of your own. When a medical product or device has a manufacturer or design defect, then medical product liability exists. This type of liability can also be present when a manufacturer fails to adequately warn consumers about the dangers of a product or makes representations about the device’s capabilities which are false.
Common devices previously known to be defective include heart valves, pacemakers, prosthetic knees, hip devices and ventilators. If you or a loved one has experienced an unfortunate encounter with a defective medical product, then you should conduct a defective medical product lawyer to discuss your legal rights.
How Do Medical Device Defects Occur?
The United States Food and Drug Administration (FDA) require manufacturers to notify the FDA when there are incidences of device defects. These instances include the use of a device that causes an illness, injury, or even death. The manufacturers will then submit Medical Device Reports (MDR) to the FDA to be published as a notice for the public. The FDA receives about 100,000 MDRs annually as well as 5,000 reports from the volunteer MedWatch. MedWatch includes nurses, physicians, and biomedical engineers who monitor medical products for defects.
Some examples of defective medical devices are:
- AMS Transvaginal Mesh
- Biomet Hip Replacements
- DePuy Hip Implants & DePuy ASR Hip System
- Triaminic Vapor Patch
- Zimmer Hip Implants
- Zimmer Durom Cup
- Stryker Hip Implant
- Essure
- Attune knee system
- Talc Baby powder
- Taxotere
- Zofran
Even though the FDA is in charge of monitoring devices in the United States and requires devices to be safe before marketing, these devices are not tested in real life situations. When the FDA approves a device for use by healthcare professionals, they do not contend that the product is absolutely safe for human use. Neither is the FDA able to monitor physicians, who use these devices and may prescribe these devices for non-approved uses. The FDA only has the authority to regulate the manufacturer, not the healthcare professionals.
How is Medical Product Liability Established?
Often, surgery is required to implant or use a medical product or device. Patients who have received a defective medical implant or have been treated with a defective medical product have to undergo additional surgery as well as face further injuries. Medical product liability can be complex and requires an experienced attorney to pursue a case against a medical device manufacturer. The legal professionals at The Rothenberg Law Firm can provide the expertise you need. We will work diligently on your case so that you can receive the financial compensation you deserve.
If you or someone you love has suffered an injury due to a defective medical product, please get in contact with The Rothenberg Law Firm today to see if a defective medical product lawsuit is appropriate.
You can reach The Rothenberg Law Firm LLP at 1-800-624-8888 or submit an InjuryLawyer.com free online case evaluation. The initial consultation is FREE of charge. We work on a contingency fee basis. Meaning, if we agree to handle your case, there are no legal fees unless we are successful in getting you money.
Some lawsuits need be filed before an impending expiration date, known as the Statute of Limitations. Therefore, call or contact us right away to ensure that you do not waive your rights to money damages or other benefits.
