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Defective Medical Devices
Medical devices are designed to aid in the diagnosis and/or treatment of health-related issues, and when properly functioning, have the potential to vastly improve the lives of people who are suffering from illnesses, chronic diseases or other health-related abnormalities. While it is unfortunate that millions of Americans require medical devices to assist them, these instruments can be extremely useful on a daily basis.
On the other hand, a defective medical device may pose a serious health risk to patients. Defective medical devices may leave patients at an increased risk of incurring a debilitating injury or death if the problem goes undetected. Complications associated with defective medical devices include leakage of the product, short-circuit and malfunction, suffocation, product-incurred injury during a procedure, post-operative problems and breakdown of the device.
Common types of defective medical devices include:
- Hip replacements, including metal-on-metal hips
- Knee replacements
- Transvaginal mesh (TVM)
- Defibrillators, pacemakers and heart monitors
- IVC filters
- Forced-air warming blankets
- Heater-cooler systems
- Power morcellators
- Robotic surgical devices
The U.S. Food and Drug Administration (FDA) is responsible for notifying the public about any health hazards or dangers that can result from a defective medical device or implant. Although many products undergo years of clinical testing before they are approved for use, some defective medical devices continue to be placed onto the market and may subsequently cause thousands of catastrophic injuries and deaths each year.
How a Defective Medical Device Attorney Can Help
Attorneys affiliated with Linville Johnson can help you seek the compensation to which you may be entitled if you have suffered from an injury due to a defective medical device. Depending on the circumstances surrounding your situation, damages may include emotional distress, financial losses, pain and suffering and medical expenses, and compensation for the loss of a loved one. In some instances, you may also be eligible to recover punitive damages for another party’s negligence or wrongdoing.
Medical device makers have a duty to provide safe products. If there are risks of harm associated with their devices, they also must provide adequate warnings. If a device maker fails to fulfill this duty, it could be held liable in lawsuits for injuries that may result.
People injured by a defective medical device may be eligible to recover money for:
- Medical Expenses
- Lost Wages
- Pain and Suffering
If a medical device causes the death of a patient, family members may be able to pursue a claim for the wrongful death of their loved one and seek compensation for funeral costs, medical expenses and pain and suffering experience prior to death, loss of economic support, and loss of the deceased person’s companionship.