Have You Been Injured By A Defective Medical Device?
The creation and widespread use of medical devices has greatly contributed to saving and improving lives worldwide. As time progresses, breakthroughs in technology have pushed the boundaries of what the healthcare field is capable of. However, with newfound innovations and advances, there comes an opportunity for complications. While some devices are extremely effective, others are hazardous and unreliable. The very instruments used to improve the quality of life for patients, also have the ability to leave patients high and dry with a list of unwarranted injuries.
Medical devices that are available for use are thoroughly monitored by the United States Food and Drug Administration (FDA). Its purpose is to examine and possibly recall faulty devices when incidents arise. But with such a wide variety of products on the market, it's possible for some issues to slip through the cracks. Also, in hopes of boosting sales, manufacturers may pass up or cut down on the testing process to rush the distribution of their products. These actions pose risks that significantly outweigh the benefits these products ensure.
Anyone with access to the internet or television has probably heard horrifying stories of people who have suffered life-altering injuries due to faulty medical devices. The good news is that these victims are eligible to pursue legal recourse to recover any losses they've endured. Whether you lost your house, your job or your quality of life has drastically changed for the worst, a seasoned attorney from the Brod Law Firm could aid in helping you build a viable case in order to receive the compensation you deserve.
Categorizations of Defective Medical Device Claims
Faulty medical device claims fall under three categories: defective design, defectively marketed, or defectively manufactured. These subgroups aid in determining both who may be liable and pinpoint at what stage in the chain of distribution the issue with the product occurred.
There may lie specific issues in the design of a device despite the fact that is has been appropriately manufactured. For example, an artificial knee implant may acquire all its moving parts and could have been implanted flawlessly, but it's unique design may not require it to properly connect with the thigh bone. This disconnection can cause intense pain for the patient. Also, some products could be on the market so long that they begin to deteriorate or wear down over time. If a patient can prove that a distributor or manufacturer were aware of these complications that proximately caused their injury, they have a viable case on their hands.
This type of product liability claim pertains to a potential defendant who may have suggested or instructed a patient to use a certain product without informing them of the dangerous disclaimers involved. For instance, EpiPens serve as a preventative for severe allergic reactions like insect bites, food allergies, drugs etc. Since these injectors have a large amount of medication in them, they should have coherent instructions stating how to inject the medicine, where on the body, and how long the injection should last. Without these instructions, individuals could experience a loss of a blood flow or overdose. In this case, there are no issues with the product's design, the issue is the lack of precise direction for usage.
Medical devices that have been defectively manufactured are damaged. The damage could have been dealt in a manufacturing facility, a retail supplier, the doctor's office, during shipping etc. If a medical device liability claim falls up under this category, it could be difficult to determine who may be liable. The device could have been damaged during any phase in the stage in the distribution process. For example, let's say you were due to get an asthma inhaler in the mail. But once you try to use it in the middle of an asthma attack, the “squeezer” used to dispel the medication doesn't work. Companies who sell inhalers have sold millions of these devices with no problem. This faulty inhalers' ineffectiveness most likely stems from a manufacturing issue.
There could be several potential defendants for a case. It's important for a plaintiff to keep in mind all the places the defective device has been traveled before getting into a consumer's hands. Identifying a defendant is one of the first things a hired legal representative would assist victims with when building a claim. But here's a list of several possible defendants to pursue a case against:
Manufacturer - These massive companies develop the product in question in large quantities. Sometimes medical devices become damaged here. If that's the case for a victim seeking compensation, it could heighten your chances of receiving proper compensation.
Doctor - If a doctor recommends medical equipment to a patient but omits valuable information regarding potential warnings or the product's proper usage, they can be held liable for a victim's injuries.
Retail supplier - Most medical devices are sent to the patient through the mail. But some are available for purchase in retailers like drug stores or pharmacies. If the product becomes faulty when at this stage in the distribution process, they are at fault.
Medical sales representative - Oftentimes manufacturers hire sales representatives who make appointments with physicians to persuade them to utilize a certain product. If they recommended the device that harmed you, they could be held liable.
Common Defective Medical Devices
There are medical several devices on the market that have been deemed high-risk in reference to the alarming rates of injuries and casualties they've caused. They are:
- Metal hip replacements
- Drug-coated stents
- IVC Filters
- Metal knee replacements
- Defibrillators (pacemakers)
- Power morcellators
- Essure birth control
- Transvaginal mesh
- Mirena Intrauterine Device (IUD)
- INFUSE Bone Graft
The Brod Law Firm Serves The Following Philadelphia Areas
19101, 19102, 19103, 19104, 19105, 19106, 19107, 19108, 19109, 19110, 19111, 19112, 19114, 19115, 19116, 19118, 19119, 19120, 19121, 19122, 19123, 19124, 19125, 19126, Manayunk 19127, Roxborough 19128, 19129, 19130, 19131, 19132, 19133, 19134, 19135, 19136, 19137, 19138, 19139, 19140, 19141, 19142, 19143, 19144, 19145, 19146, 19147, 19148, 19149, 19150, Overbrook 19151, 19152, 19153, 19154, 19155, 19160, 19161, 19162, 19170, 19171, 19172, 19173, 19175, 19177, 19178, 19179, 19181, 19182, 19183, 19184, 19185, 19187, 19188, 19190 19191, 19192, 19193, 19196, 19197, 19019, 19092, 19093, 19099, 19244, 19255
Experienced Philadelphia Defective Medical Device Claims Attorneys
If you or a loved one have suffered any losses at the hands of a medical professional, organization, or entity there is a legal remedy. These types of claims aren't simple; they require a seasoned attorney who's accustomed to handling clients in your situation to ensure you get the compensation you deserve. The attorneys at The Brod Law Firm are dedicated to getting you the best results possible. Contact our Philadelphia, Pennsylvania injury lawyers for assistance with your faulty medical device claims. At The Brod Law Firm our personal injury attorneys have been the voice for injury victim's rights for over 30 years. Speak to Philadelphia defective medical device Injury lawyer, Gary Brod at 888-435-7946 (888-HELPWIN) for a free no obligation consultation and explanation of your legal rights. There also is the option of an easy online or phone sign-up process and we can begin work today.