Countless patients over the years have turned to medical devices to improve their quality of life. Unfortunately though, some of the very devices patients hoped would increase mobility, decrease pain, and extend their life had the opposite effect. Instead of making their lives better, some of these medical devices turned out to be defective and in effect, made their lives worse. Sometimes a medical device is so ineffective that it gives rise to a product liability claim.

What qualifies as a medical device?

There are all kinds of medical devices used by healthcare professionals to treat an injury, illness, disease, or disability. Some medical devices that have caused serious problems and led to patients filing lawsuits in recent years, include:

• Hip and shoulder implants
• Contraceptive devices
• Transvaginal mesh
• Defibrillators
• Drug-coated stents

Generally, a defective medical device is recalled by the manufacturer or distributor and they initiate the recall voluntarily. When a manufacturer realizes that their product somehow violated FDA law, it usually recalls the device so it can be corrected or removed, or they notify the FDA about it.

By law, the FDA can recall a defective medical device; the FDA can order a company to issue a recall when it refuses to recall a dangerous product that has been found to cause significant health problems or even death. In practice though, the FDA rarely does this. Usually, the manufacturer becomes aware of a problem and recalls a defective product voluntarily.

Defective Product Claims

Even if a company recalls its defective device, it does not mean that those injured by the device don't have a right to file a claim – they still do. Generally, defective product liability claims fall into one of these categories: defective manufacturing, defective design, or defectively marketed devices. A lawyer can help explain which category your case falls into.

If you were injured because of a defective medical device, we urge you to reach out to a medical malpractice attorney to discuss filing a claim for compensation!