A defective medical device can cause serious injuries and even death. Medical products that are used daily, like hip implants, birth control devices, like IUDS, and CPAP machines for breathing, can all become dangerous medical devices if they are faulty.
The US Food and Drug Administration takes reports about adverse events that occur due to faulty medical equipment. The metal hip implant defect is one instance where a product’s defect caused some patients to suffer severe consequences like instability in the pelvis leading to stubbing and falls; groin pain and numbness around the groin; fractures of the femur; and displacement of a hip replacement.
How to know if your device has been recalled for a defect?
While everyone should be aware of what’s happening in the world of defective medical devices, many unsuspecting consumers are in the dark. You don’t have to be, and you can learn to advocate for yourself by checking these sources for recalled devices:
- The FDA website
- The product manufacturer
You can also check with your physician to find out if your medical product is considered a defective medical device and has been recalled.
If your hip implant or other faulty medical device has caused you to suffer, contact an experienced medical device attorney to discuss options for compensation.
If the malfunctioning of the device is known but has not yet been recalled, victims still qualify for compensation through products liability lawsuits.
The case can be resolved by demonstrating that there was a defect in the product and it resulted in injury. Contacting an experienced attorney will help you through the process of establishing the level of product liability.
Types Of Defective Medical Devices
Almost any medical device can be defective, however some common defects and recalls include these medical devices:
Hip Implants
Hip replacement lawsuits have been filed against hip implant producers for medical product flaws. Product liability attorneys may assist in determining whether or not you are eligible to file a claim or lawsuit for injuries caused by a faulty hip implant.
Common types of issues that arise from a design defect in a hip implant are:
- Blood clots
- Bleeding
- Infections
A defective metal hip implant may also cause a metal allergy or reaction to the components that are implanted into the body. Some designs of these implants may lead to loosening, fracturing, or other issues that cause pain and discomfort.
If you have suffered from any of these symptoms after receiving a hip implant, it is important to document your medical expenses and document your healthcare provider’s report. A product liability attorney will need this documentation to build a case on your behalf.
IVC Filters
An IVC filter, often known as a Mini-Stent is a tiny device that can prevent blood clots from traveling to the lungs. An FDA recall on IVC filters is clearly a concern and life-threatening if the medical product is deemed a defective medical device.
When a patient receives an IVC filter implant, it can cause serious injuries to patients including:
- Blood clots
- Device migration
- Embolization
- Perforation of the inferior vena-cava
- Fracturing or cracking the device
- Defects in heart valves
- Heart rhythm abnormalities
Aortic stent lawsuits have been filed against stent manufacturers for their products’ design flaws that can result in serious injuries. Common types of product liability claims for this type of medical device are related to improper labeling and lack of sufficient instructions. If proper warning labels were not attached before shipping the medical product may be reviewed by the FDA to make sure it is not a defective medical device.
During a defective medical device trial, personal injury attorneys can use physician testimony to prove that you have been harmed by a faulty product. The manufacturer of your IVC filter may be held liable for any injuries you have incurred because of their defective medical product.
Philips CPAP
CPAP or BiPap machines may be used to treat sleep apnea. The Philips CPAP is a device that helps you get a better night’s sleep by preventing serious respiratory problems during sleeping. The medical product was a part of a recall because of the risk of serious injury to the user.
The humidifier in a CPAP machine is used to guarantee that the user’s breathing is comfortable. With a mask that covers your nose, or nose and mouth, you breathe oxygen throughout the night. When the device is in operation, it was found that the polyester base (PE-Pur) begins to break down owing to the high humidity levels. This component’s deterioration creates minute black particles that travel through the ventilation system of the machine into the lungs.
The Philips CPAP litigation was filed in June 2021, when it was discovered that the ventilators on the device were failing.
Philips is now recalling its sleep machines as a result of this problem. Personal injury attorneys are currently pursuing personal injury claims in this instance, and those who were impacted by the recall may be eligible for compensation for long-term health issues caused by this defective medical device.
Philips is one of many product liability lawsuits that are currently active. Learn if you’ve got a claim by contacting an attorney today.
What should you do if you have a recalled device?
Many recalls, and other public health concerns, are made public through the FDA’s website. When you sign up for an account on this site, you can also subscribe to email notifications of pending recalls or updates on any given product.
If you’re not registered on the agency’s database, it is still possible to look up your specific device by its manufacturer and model number using the “Search for Recalls and Medical Device Problems” tool available on that page. Information regarding safety alerts is also posted there.
After you learn that you have a defective medical device, contact a defective medical device attorney. You have the legal right to discuss your serious injuries with a personal injury attorney to help you with a product liability claim.
What types of injuries and side effects have resulted from defective devices?
In the following cases, patients suffered life-threatening injuries as a result of defective medical equipment, including:
- Incorrect wiring on defibrillators exposed users to electric shocks
- A malfunctioning power morcellator exposed users to uterine cancer cells during surgery
- Medical products that are defective like pacemakers that stop working
Things like defective vaginal mesh implants have been found to lead to sinking, shifting, protrusion, pain during sex and infections. Patients with complaints about vaginal mesh products have filed lawsuits against manufacturers arguing their devices caused the injury.
Pharmaceutical cases involve manufacturing or design defects that cause serious harm to patients who take medications as prescribed by their doctor. In some cases, pharmaceutical companies neglect to warn of dangers associated with their products putting people at risk for health complications due to side effects from the medication they weren’t made aware of prior.
The side effects of defective medical devices can be life-altering and medical device manufacturers are held responsible by contacting defective medical device lawyers to learn your legal rights. The severity of injury may depend on how long the patient used the device before they became aware of a defective medical device recall.
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Do I have a personal injury claim?
If you have been injured as a result of a defective medical device, you may be eligible to file a personal injury claim. In addition to medical expenses, those who file defective medical device claims can seek compensation for:
- Lost wages from time off work
- Emotional distress experienced as a result of the injury and the faulty equipment
- Future medical care needed due to the injury and its complications
You should speak with a defective medical device attorney who has experience investigating and litigating cases against negligent medical device manufacturers
Injury claims for compensation against negligent medical device manufacturers or healthcare providers, you must be able to show that:
- The medical device was defective;
- The defect directly caused your injuries;
- The manufacturer knew of the defect before it reached consumers but didn’t do anything to avoid it
A defective medical device lawyer can help you know your legal options and how to get you the compensation you deserve for your injury claim. We honor the confidentiality of attorney-client relationship so get your free case review today.
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Florin|Roebig: Defective Medical Device Attorneys At Law
If you have a defective medical device that has caused personal injury contact the legal experts at Florin|Roebig, your personal injury attorneys, for a free consultation.
You may be entitled to compensation if you have experienced serious medical complications due to the defective medical product and have medical bills or other expenses.
The law firm of Florin|Roebig wants to ensure that you receive justice and are compensated for your losses that occur due to a defective product. Get a free case evaluation from an experienced personal injury lawyer right now. To put it another way, if you or a loved one has been impacted by a defective medical device, let Florin|Roebig get you the compensation you deserve.
It’s as easy as filling out a contact form. Don’t wait, reach out today.
