Using a medical device is often necessary, but generally involves some degree of risk. Some devices may injure you through no fault of your own. If this happened due to a manufacturer or design defect, you may be able to contact a defective medical device lawyer in Philadelphia about a potential medical product liability case. This liability also applies in cases where a manufacturer makes false representations about a product’s capabilities or fails to warn consumers about potential risks associated with using it.
Heart valves, pacemakers, prosthetic knees, hip devices, and ventilators are among the types of devices known to be defective in past cases. A Philadelphia product liability lawyer will provide the necessary representation if you or a loved one has suffered as a result of using a faulty medical device product in the Philadelphia, PA area.
How Do Medical Device Defects Occur?
Manufacturers are responsible for submitting Medical Device Reports (MDR) to the United States Food and Drug Administration (FDA) when a defect is identified or reported, especially if it has resulted in injury, illness, or death. The FDA posts these reports in the form of public notices. Every year, the FDA receives approximately 100,000 MDRs. MedWatch, a volunteer group that includes physicians, nurses, and biomedical engineers, typically submits an additional 5,000 reports per year.
Examples of potentially defective medical devices include:
- 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
The FDA is responsible for monitoring and approving medical devices in the United States. Unfortunately, the tests that devices must pass before a manufacturer can sell them don’t always mirror the conditions of real world use. When this is the case in Philadelphia, patients can fall victim to defective medical devices. In these instances, contacting defective medical products lawyers in Philadelphia, PA is essential.
FDA approval should not be mistaken for a guarantee that a device is completely safe. Additionally, the FDA is not responsible for monitoring physicians. Medical professionals may prescribe devices for uses the manufacturer did not intend and the FDA did not approve. The FDA only has the authority to enforce regulations as they apply to manufacturers, not healthcare professionals. This is where consulting with a Philadelphia product liability lawyer is key, in order to determine who is at fault for your defective medical device injury.
How is Medical Product Liability Established?
Unfortunately, establishing who is liable in cases such as this is not easy. Medical device manufacturers often have teams of attorneys ready to defend them. That’s why, if you believe you have a case in the Philadelphia area, you need assistance from experienced defective medical products lawyers. At The Rothenberg Law Firm, that’s exactly what you’ll find. Our Philadelphia product liability lawyers will work hard to ensure you receive the compensation you’re entitled to.
To learn if you have a case, contact The Rothenberg Law Firm LLP at 1-800-624-8888 or submit an InjuryLawyer.com free online case evaluation. Your initial consultation with a defective medical device lawyer in Philadelphia is completely FREE. If we accept the case, we work on a contingency fee basis. That means our team of Philadelphia defective medical products lawyers won’t charge you any legal fees unless we’re successful in securing compensation for you first.
It’s important to understand that the Statute of Limitations can place limits on the amount of time you have to file a lawsuit with our team of Philadelphia product liability lawyers. If you don’t file before the expiration date, you will not be able to proceed with your case. That’s why it’s important to contact us sooner rather than later.
