When you get sick and go to the hospital, you trust that you’ll leave the hospital healthier and feeling better. Sometimes, to help a patient’s health improve, medical device implants such as pacemakers and artificial joints are used as replacements.
Medical devices are intended to improve patients’ health and quality of life. But when these products are poorly designed or manufactured, they can cause serious injury or even death. You may be entitled to significant financial damages if you or a loved one has suffered harm due to a defective medical device.
The defective medical device attorneys at Cory Watson have a proven track record of holding medical device manufacturers accountable and securing maximum compensation for victims.
Cory Watson Attorneys Handle Defective Medical Device Claims
At Cory Watson Attorneys, we have the knowledge, resources, and tenacity to take on the largest medical device companies and win. Our attorneys have recovered over $4 billion for clients nationwide in cases involving defective hip and knee implants, surgical mesh, IVC filters, and many other faulty medical devices. We are dedicated to providing compassionate, personalized representation and fighting tirelessly for the justice you deserve.
We investigate all injuries caused by defective medical devices, regardless of whether or not a device has been recalled. With over 30 years of legal experience, we’re ready to fight for the maximum possible compensation for your defective medical device lawsuit. Give us a call at (877) 562-0000 or complete our initial consultation form to get started now.
Defective Medical Device Cases We Have Handled
Our attorneys have experience with a wide range of defective medical device litigation, including cases involving:
- Metal-on-metal hip implants
- Knee replacement systems
- Transvaginal surgical mesh
- Inferior vena cava (IVC) filters
- Prosthetic joints
- Birth control devices
- Surgical staplers
- Implantable defibrillators
Injuries and Medical Complications Caused When Medical Devices Fail
Defective medical devices can cause a wide range of injuries, depending on the nature of the device and the defect. Some common injuries associated with faulty medical devices include:
- Infection: Poorly sterilized or contaminated devices can lead to serious infections.
- Organ perforation or damage: Defective surgical instruments or implants can puncture or damage internal organs.
- Nerve damage: Malfunctioning devices can cause temporary or permanent nerve injury.
- Bleeding and blood clots: Some defective devices may cause excessive bleeding or increase the risk of blood clots.
- Chronic pain: Faulty implants or prosthetics can cause persistent pain and discomfort.
- Tissue damage: Defective devices can cause damage to surrounding tissues, leading to scarring or necrosis.
- Allergic reactions: Some patients may have allergic reactions to the materials used in defective devices.
- Fractures: Defective orthopedic implants can cause bone fractures or fail to heal properly.
- Implant migration or dislodgement: Poorly designed implants may move from their intended location, causing pain and other complications.
- Revision surgeries: Defective devices often require additional surgeries to remove or replace the faulty device.
- Disability or loss of mobility: Some defective devices can lead to permanent disability or impair a patient’s ability to move or function normally.
- Neurological problems: Faulty brain or spinal implants can cause neurological issues such as seizures, paralysis, or cognitive impairment.
- Death: In severe cases, defective medical devices can lead to fatal complications.
Dangerous Effects of Defective Medical Devices
When a defective medical device is implanted or used in a patient the results can be catastrophic. In these cases, a device intended to help someone ends up causing serious injuries or death. A recent example of such a medical device would be the Bard PowerPort device, which has caused many issues for users.
Negligence in the design or manufacturing process can result in defective medical device injuries. Even worse, some defects are known and subsequently covered up by a company so it can sell as many units as possible before an inevitable recall or public outcry.
Holding Medical Device Manufacturers Liable
A medical device manufacturer can be held liable for defective products under several legal theories, including:
- Design defects: If a medical device is inherently dangerous or defective due to its design, the manufacturer may be held liable for any resulting injuries. The plaintiff must prove that the device’s design was unreasonably dangerous and that a safer alternative design was feasible.
- Manufacturing defects: If a medical device is properly designed but an error occurs during the manufacturing process, causing the device to deviate from its intended design, the manufacturer can be held responsible for injuries caused by the defect.
- Failure to warn: Manufacturers have a duty to provide adequate warnings and instructions regarding the proper use and potential risks of their medical devices. If they fail to do so and a patient is injured as a result, the manufacturer may be liable.
- Breach of warranty: Medical device manufacturers may be held liable if they breach an express or implied warranty. An express warranty is a specific promise made by the manufacturer about the device’s safety or performance. An implied warranty is an unspoken promise that the device is safe and fit for its intended purpose.
- Misrepresentation: If a manufacturer makes false or misleading statements about a medical device’s safety, effectiveness, or risks, they may be held liable for any resulting injuries.
- Strict liability: In some cases, medical device manufacturers can be held strictly liable for injuries caused by their products, regardless of fault. Under this theory, the plaintiff must prove that the device was defective and that the defect caused their injuries.
To hold a medical device manufacturer liable, the plaintiff typically must prove that the device was defective, that the defect caused their injuries, and that they were using the device as intended.
In some cases, liability may be shared among multiple parties, such as the manufacturer, distributor, or healthcare provider. An experienced defective medical device lawyer can help navigate the complexities of these cases and build a strong claim for compensation.
Can a Medical Device Recall Affect My Case?
Yes, medical device recalls can significantly affect your case. A recall is issued when a manufacturer or the FDA determines that a device is defective, poses a risk to patients’ health, or violates FDA regulations. The recall’s impact on your claim depends on several factors:
- Timing of the recall: If the recall was issued before you were injured by the device, it may be easier to prove that the manufacturer knew or should have known about the defect. However, if you were injured before the recall, you may still have a valid claim, as the defect may have existed before the recall was announced.
- Recall classification: The FDA classifies recalls based on the level of risk posed by the device. A Class I recall indicates the highest risk, while Class II and III recalls are for less serious defects. The recall classification can impact the strength of your claim and the potential compensation.
- Manufacturer’s response: How the manufacturer handles the recall can affect your claim. If they promptly notify patients and healthcare providers, offer repairs or replacements, and cooperate with the FDA, it may be more challenging to prove negligence. However, if the manufacturer delays the recall, conceals information, or fails to take appropriate action, it can strengthen your case.
- Compliance with the recall: If you were injured by a recalled device after the recall was announced, the manufacturer may argue that you failed to comply with the recall instructions. However, if you were not properly notified of the recall or if the manufacturer’s instructions were inadequate, this defense may be less effective.
- Evidence preservation: A recall can lead to the removal or alteration of defective devices, which may make it harder to prove your claim. It’s crucial to preserve any evidence related to your injury, including the device itself, medical records, and documentation of the recall.
If a recalled medical device injured you, it’s essential to consult with an experienced defective medical device attorney. They can help you understand your legal rights, gather evidence to support your case and navigate the complex interplay between the recall and your case.
What Compensation is Available to Victims of Defective Medical Device Lawsuits
In defective medical device lawsuit cases, several types of damages may be available to plaintiffs harmed by the faulty medical device. The specific damages will depend on the case’s unique circumstances and the laws of the state where the lawsuit is filed. Generally, the following types of damages may be recoverable:
- Medical expenses: Plaintiffs can seek compensation for medical bills related to treating injuries caused by the defective device, including hospitalization, surgery, medication, and rehabilitation costs.
- Future medical costs: If the plaintiff requires ongoing medical treatment or care due to the defective device, they may be able to recover damages for anticipated future medical expenses.
- Lost wages or income: If the plaintiff missed work due to their injuries or medical treatment, they could be entitled to recover lost income.
- Loss of earning capacity: If the plaintiff’s injuries prevent them from returning to their previous job or limit their ability to work in the future, they may be compensated for the loss of future earning capacity.
- Pain and suffering: Plaintiffs can seek damages for the physical pain, emotional distress, and mental anguish caused by the defective device and their injuries.
- Loss of enjoyment of life: If the plaintiff’s injuries have negatively impacted their ability to participate in hobbies, activities, or other aspects of life they previously enjoyed, they may be entitled to damages.
- Loss of consortium: In some cases, the plaintiff’s spouse may be able to recover damages for the loss of companionship, affection, and support due to the plaintiff’s injuries.
- Punitive damages: In rare cases involving particularly egregious conduct by the manufacturer, such as knowingly concealing defects or disregarding patient safety, punitive damages may be awarded to punish the defendant and deter similar behavior in the future.
An experienced attorney can help assess your case, determine the types of damages that may be available, and build a strong claim to maximize your compensation. It’s essential to keep in mind that each defective medical device case is unique, and the actual damages awarded will depend on factors such as the severity of the injuries, the strength of the evidence, and the jurisdiction where the lawsuit is filed.
Contact Our Experienced Medical Device Attorney Today
At Cory Watson Attorneys, our defective medical device lawyers believe that the manufacturers of these dangerous medical devices should be held accountable for the products they push onto the market.
Don’t pay out of pocket for a medical device manufacturer’s negligence before talking to us. Our team can review your case, help protect your rights, and get you the compensation for your injuries, lost wages, and pain and suffering that you deserve.
