Defective Medical Devices
Medical devices play an important role in the diagnosis and treatment of patients. Unfortunately, many devices are neither safe nor effective. They harm more patients than they help.
If a defective medical device caused injury to you or the loss of a loved one, you have the right to seek damages from the device’s manufacturer.
A product liability lawsuit cannot undo the harm you suffered. However, it may lead to compensation for your medical expenses, lost income, pain and suffering and more. You can also help to prevent other patients and their families from suffering similar harm.
The lawyers of Davis, Saperstein & Salomon, P.C., are experienced product liability lawyers. Our record of helping defective medical device victims and their families goes back more than three decades.
We have led numerous class action and mass tort cases. One of our founding partners, Samuel L. Davis, chaired the American Association of Justice’s Orthopedic Implant Litigation Group.
We have obtained more than $400 million in compensation on behalf of our clients, helping them to move on with their lives after they suffered a serious injury or lost a loved one through no fault of their own.
Currently, our firm is investigating numerous defective medical device cases, including:
Steps to Take If You Suspect a Medical Device Injury
The FDA regulates the nation’s medical device industry. The agency approves devices for the U.S. market and monitors their safety and effectiveness.
All too often, a device enters the market even though it contains a defect that can harm patients. Due to the defect, the manufacturer may voluntarily recall the device and report recall information to the FDA. The agency then informs the public. (In rare cases, the FDA will order a recall.)
The FDA places medical device recalls in three categories:
- Class I The device is “dangerous or defective” and “predictably could cause serious health problems or death.”
- Class II The device poses “only a slight threat of a serious nature” or might cause only a temporary health issue.
- Class IIIThe device is unlikely to cause health problems or have a defect in its labeling.
The recall date is important. It can serve as the date that starts the running of the statute of limitations. This is the time period in which an injured consumer or surviving family member may file a product liability lawsuit.
In many cases, a manufacturer recalls a medical device only after it has harmed a large number of people. Frequently, no recall is issued at all.
If you believe that you or a family member suffered harm due to a defective medical device, you should take immediate steps to protect your health and your rights – regardless of whether the manufacturer recalled the device.
The steps you should take include:
- Talk to your doctor. See your regular doctor or a specialist. Describe your complications. The doctor can help you to address the problem. For instance, you may need to undergo immediate revision surgery.
- File a report with the FDA. You can help the FDA to monitor the safety and effectiveness of medical devices. If you experience an “adverse event,” you can file a report through the FDA’s MedWatch program.
- Gather your medical information. To the best of your ability, keep all information you received about the medical device and related treatment. If a doctor removes the device, ask the doctor to preserve it. The device’s serial number, for instance, could be important in your legal claim.
- See a lawyer. Given the time limits on filing a defective medical device claim, and the amount of investigation and preparation that goes into these cases, you should see a lawyer as soon as possible.
You should not let concerns about paying for a lawyer keep you from getting the legal help you need. Davis, Saperstein & Salomon, P.C., will not charge you for an initial consultation. If we take on your case, you will pay no upfront costs or legal fees unless we obtain a financial recovery for you.
Types of Defective Medical Device Claims
When our firm investigates your medical device case, we will determine the type of defect that harmed you. Generally, the types of defects in medical devices are:
- Failure to warnThe patient suffered injury because the manufacturer failed to give a proper warning about a medical device defect and the complications associated with it. For example, if a patient knew about a device’s risks, the patient may have chosen a different device or alternative treatment.
- Defective designThe patient suffered injury because the manufacturer designed a device with inherent flaws. For example, a device may be made from materials that fracture or corrode, causing the device to fail.
- Defective manufacturingThe patient suffered injury because of flaws that arose during production of the device. For instance, errors occurred on the assembly line, causing parts to be arranged in the wrong order.
When your lawyer prepares a claim against a medical device manufacturer, the claim may allege one or more theories of liability. These are legal reasons why the manufacturer should pay compensation. The most common theories are:
- NegligenceThe manufacturer failed to exercise a standard of care in the design, production, labeling and advertising of a medical device.
- Strict liabilityUnder this theory, a manufacturer could be liable for any defects that occurred during the manufacturing process regardless of the level of care that the manufacturer exercised.
- Breach of warrantyThe manufacturer’s device caused injury in violation of an express or implied guarantee that it would be safe when used as the manufacturer intended and instructed.
The specific theories that you may allege in your medical device case will depend on your unique facts and circumstances
Medical Device Injury Legal Options
Davis, Saperstein & Salomon, P.C., will listen closely to you, understand what is important to you and carry out a legal strategy that is aimed at meeting your specific goals.
In your defective medical device case, a lawyer from our team may discuss options with you that include:
- Individual lawsuitYou may file a lawsuit in a state or federal court. If many people suffer injuries or lose loved ones due to the same medical device defect, individual lawsuits may be brought into the same court during the pretrial phase. This is called centralization or consolidation. This is called multidistrict litigation (MDL) or multicounty litigation (MCL). The lawsuits remain separate and distinct. They may result in individual trials or settlements.
- Class action lawsuitIn some situations, the most effective way to pursue relief for a large number of people harmed by the same medical device defect may be through a class action lawsuit. In this type of legal claim, one or more plaintiffs are “named plaintiffs.” They represent the larger “class” of plaintiffs. A favorable verdict or settlement will award the entire class.
- Settlement fund claim During the pretrial phase or after initial trials, a medical device manufacturer may offer to settle all claims against it. Before you sign any forms and accept a settlement offer, you should always consult with a lawyer. A lawyer can advise you on whether a settlement properly compensates you and meets your unique goals.
Regardless of the strategy pursued in your case, you can count on Davis, Saperstein & Salomon, P.C., to provide updated information and timely advice that is specifically tailored to you.
Types of Defective Medical Device Injury Compensation
Our goal will be to pursue maximum compensation for the physical, emotional and financial harm that a defective medical device caused you. The damages sought on your behalf could include:
- All past and future medical expenses
- Lost income
- Diminished future earning capacity
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Loss of consortium
- Wrongful death damages for surviving, eligible family members.
Your lawyer may also pursue punitive damages on your behalf. The purpose of these damages is to punish and deter the manufacturer and not to compensate you for a specific loss.
Get Help Today from Our Experienced Defective Medical Device Lawyers
If you suffered injury or lost a loved one due to a defective medical device, contact Davis, Saperstein & Salomon, P.C., without delay. We work with clients throughout the country. We will provide a free case review.
Our record of consumer protection goes back to our firm’s founding in 1981. We have a history of delivering results for those harmed by the negligence or wrongdoing of others, including medical device manufacturers.
Call or reach us online today to learn more about how we can help you.