Patients depend on medical devices to prevent and treat certain health conditions and even save their lives. But even the most advanced medical equipment can fail, causing serious and permanent health complications.
Product failures are more common than you might believe. Every year, the U.S. Food and Drug Administration (FDA) receives hundreds of thousands of reports of device malfunctions causing injuries and fatalities.
Pennsylvania defective medical device lawyers at The Rothenberg Law Firm LLP fight to obtain compensation for clients harmed by the very same products that were supposed to help them.
Types of Defective Medical Devices
There are three types of product defects.
- Medical devices can have inherent design
- They can be damaged during the manufacturing
- Or there can be problems with how the product is marketed to consumers including misleading instructions or failure to warn the users of certain known risks.
Recent medical device recalls and/or lawsuits include:
- Breast implants
- Hip implants
- Hernia mesh
- Blood clot filters
- Knee replacements
- CPAP, BiPAP, and Ventilators
- Robotic surgical systems
- Medication delivery devices
- Port Catheter device
Keep in mind that just because one brand of implant is defective doesn’t mean they all are. Other brands and models may be safe. Check the FDA medical device recall database for information on specific medical devices to determine if you’re affected.What Should I Do if I've Been Injured by a Medical Device?
If you were injured or became ill due to a dangerous medical device, seek medical attention right away. Report your concerns to your healthcare provider, and save any documentation related to your condition and care.
Make copies of medical records, diagnoses, imaging tests, and labs for the original procedure and any medical attention you received for complications you experienced. Next, schedule a consultation with a Pennsylvania product liability attorney as soon as possible. They will evaluate your case and explain your legal rights and options.
What Claims Can Be Made for Defective Medical Devices?
Product liability refers to the legal liability of product makers and sellers to compensate users and buyers for injuries they sustain from unreasonably dangerous goods. A product liability claim is a type of personal injury claim that allows injured consumers to seek compensation for their injuries, medical care, and other losses.
Who Is Liable for My Injuries?
In most cases, liability for dangerous medical devices depends on where the defect occurred in the production process. Depending on the facts of the case, one or multiple parties can be sued:
- The designer: when the medical device is flawed by design, making each unit inherently dangerous
- The manufacturer: when the design is sound, but something goes wrong during the production process
- The wholesaler, distributor, or retailer: parties who sell defective medical devices can also be held liable for damage, particularly if they are aware of problems and fail to warn the public
In Pennsylvania, the state’s strict liability doctrine allows plaintiffs in some cases to recover compensation without showing that a seller or manufacturer was negligent if:
- The product contained an “unreasonably dangerous” defect.
- That defect occurred during design, manufacturing, or shipping.
Yes, liability is a complex concept. But when it comes to medical devices, chances are you trusted your healthcare provider and followed the guidance they provided. If this is true and you sustained injuries directly linked to that defective device, you most likely have grounds for a product liability lawsuit.
How Long Do I Have to File a Defective Medical Device Claim in Pennsylvania?
Generally, consumers in Pennsylvania have two years from the date of their injury to file a product liability claim. However, it’s best to speak with an attorney to discuss the specifics of your case. For many patients, the date of injury is not always clear.
Some health conditions develop or worsen over time or take several weeks or months to diagnose accurately. Also, if the product maker, retailer, or your physician conceals a product defect, the time limit to file a claim is extended.
Compensation for a Defective Medical Device Lawsuit
Pennsylvania allows compensation for economic and non-economic damages in product liability cases.
Economic damages are losses that are easy to quantify because there are receipts or invoices to calculate them. These damages can include doctors’ visits, hospitalization, medication, and current and future lost income.
Non-economic damages reflect losses that are not as easy to quantify but are just as important, things like physical pain and suffering, mental anguish, and the loss of enjoyment of life.
A traumatic medical emergency can be life-changing in so many ways. Compensation is not only a form of justice. It helps protect your financial future and peace of mind if you are unable to work or require ongoing medical care.
Our Defective Medical Device Lawyers Can Help You
It’s not always easy to determine where a product went wrong and who knew there was a risk to patients. At the Rothenberg Law Firm, Pennsylvania personal injury attorneys take time and care to thoroughly investigate the supply chain to determine who is liable for your health complications.
The Rothenberg Law Firm offers free consultations for all cases and works on a contingency fee basis, so there is no risk to you if you do not win your case. We only get paid if and when we win your case. We are committed to maximizing your recovery so that you can focus on your healing journey.
Call (800) 624-8888 or submit an online inquiry to schedule a case review with a Pennsylvania defective medical device lawyer today. We have offices in Pennsylvania, New Jersey, and New York.