Defective medical devices can result in severe injuries and illnesses that often require extensive treatment and result in high medical bills.
Summary
- Defective medical devices, intended to aid health issues, can malfunction, causing severe injuries or health problems, with the FDA reporting about 1.7 million injuries and 83,000 deaths between 2008 and 2018.
- Parties liable for damages from defective medical devices include product designers, manufacturers, and healthcare professionals, all of whom can be held accountable through product liability claims.
- Design defects occur when a medical device’s design inherently poses a risk to users, making the designer liable for any resulting harm.
- Manufacturing defects arise from errors during the production process that deviate from the device’s safe design, leading to potential harm and making the manufacturer liable.
- Victims of defective medical devices can seek compensation for both economic and non-economic damages, including medical expenses, lost wages, and pain and suffering, often necessitating the assistance of a product liability lawyer.
Product liability claims are personal injury claims that involve poorly designed and negligently manufactured products. When a defective device malfunctions, it can cause severe injuries even when used correctly.
One type of defective product that can cause a person significant damages and injuries is a defective medical device. Many people experience health issues that require the assistance of a medical device. However, a defective medical device cannot provide necessary services and can cause other health problems.
The at-fault parties can include a product designer, manufacturer, or healthcare professional. If their negligence leads to a person suffering damages from a defective medical device, they may be liable. Defective medical device victims can file product liability claims to hold these parties accountable for harm from these dangerous products.
WHG is a reputable, nationwide personal injury law firm specializing in defective medical device lawsuits. To schedule a free consultation with a capable product liability attorney, call (800) 320-HELP or contact us online today.
What is a Defective Medical Device?
A defective medical device is a faulty piece of medical equipment that causes harm rather than treats it. Many people who suffer debilitating physical injuries require medical devices like metal hip replacements, defibrillators, knee replacements, CPAP machines, and hernia mesh products.
These medical devices should help a person with a body part that cannot function after a physical injury or assist with internal injuries. Instead, a defective medical device can malfunction, cause harm, and result in further injuries and medical conditions that can negatively affect a person’s life.
According to the Federal Drug Administration (FDA), about 1.7 million injuries and 83,000 deaths resulted from defective medical devices between 2008 and 2018. Defective medical devices can cause significant health problems like infections, nerve damage, organ loss, and bone fractures.
Holding a Product Designer Accountable for Damages Caused by a Defective Medical Device
If you suffered a medical issue from a defective medical device, you could file a product liability claim to hold the at-fault party accountable. One party that could be held liable in a defective medical device claim is the designer of a defective product.
It’s the designer’s job to craft a plan for manufacturing a safe product that can work as intended and does not have design defects. This means the product can function as the consumer assumes it will and does not cause harm.
A product designer can be held liable in a defective medical device claim when the design of a medical device exposes a consumer to harm. This can occur because the materials used can cause a harmful reaction, the blueprint for the device is unsafe, or the product’s design can lead to it breaking down easily.
A Product Manufacturer’s Negligence Can Lead to a Defective Medical Device
People can also suffer harm from defective medical devices because of manufacturing defects. In this case, the manufacturer can be held liable for damages. A manufacturing defect is when the manufacturer makes a mistake that deviates from the safe design of the product.
This can include using the wrong materials, not following the blueprint properly, incorrectly installing parts, and using harmful chemicals to create a product. Consequently, these manufacturing mistakes can expose someone to harm. They can make the product not work properly, break down easily, or cause bodily harm through harmful chemicals or materials.
Medical conditions and illnesses can result from the manufacturer’s negligence, which means they can be liable in a product liability claim. A personal injury lawyer can help you gather the evidence you need to demonstrate the manufacturer’s liability.
Can a Healthcare Professional Be Held Liable for a Defective Medical Device?
Healthcare professionals can also share liability for damages caused by a defective medical device. It’s their job to ensure they provide their patients with the best possible medical aid, which involves recommending safe products for those needing medical devices.
Failing to ensure they provide safe medical devices can qualify as medical malpractice. Medical malpractice is when a healthcare professional causes harm to a patient through a negligent action. Additionally, there are rare circumstances where hospitals and other medical facilities can also share liability. That type of situation is highly unusual and could require a lengthy claims process.
Understanding the Damages Caused by a Flawed Medical Device
Defective medical devices can cause further harm to someone already dealing with a medical condition, resulting in additional damages. A product liability lawyer can help you pursue compensation for damages from the at-fault party to compensate you. A fair settlement can reimburse you for adverse effects on your finances, physical health, and quality of life.
Victims of defective medical devices will commonly require compensation for economic damages to pay for financial losses. Additionally, they can pursue non-economic damages to compensate for adverse psychological effects and reduced quality of life.
The following are some damages you could pursue in a defective medical device claim:
- Medical expenses
- Lost wages
- Lost earning potential
- Pain and suffering
- Mental anguish
- Loss of society
- Loss of consortium
- Loss of enjoyment of life
Why You Should Hire a Product Liability Lawyer to Help With Your Defective Medical Device Claim
Defective medical device victims should hire a product liability lawyer to help them recover compensation for damages. Particularly when it comes to mass tort claims for defective medical devices, a product liability attorney is a must.
They will take you through how to file a personal injury lawsuit and set your case up for success. Their experience enables them to determine the most effective way to hold liable parties accountable for their negligence that harmed their client.
A product liability lawyer can help with your defective medical device claim. They will handle quantifying your damages, determining who is liable for the damages caused by a defective medical device, collecting tangible evidence, and negotiating a fair settlement.
Contact Werner, Hoffman, Greig & Garcia to Help With Your Defective Medical Device Claim
The product liability lawyers at Werner, Hoffman, Greig & Garcia can help victims of dangerous products like defective medical devices recover compensation for damages. We have helped victims of CPAP machines, hernia mesh products, Bard PowerPorts, and other defective medical devices seek fair compensation for damages.
Our product liability lawyers have decades of experience helping victims of dangerous products. We will harness that experience to help you recover compensation for harm caused by a defective medical device. Contact us for a free defective medical device case evaluation today at (800) 320-HELP or contact us online today.
