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The Hidden Risks of Medical Devices: Defects, Recalls, and Patient Safety Concerns
From artificial joints to hip replacements, prosthetics, IVC filters, and mesh products, the medical device industry in the U.S. continues to boom. There are thousands of MedTech companies making medical devices and reporting billions in combined annual sales.
Though many medical devices improve the quality of people’s lives, and in many cases, save them, there is a dark side to this fast-paced growth and innovation. Not all medical devices are safe. As more medical devices are brought to market, the number of defects and recalls also continues to rise at an alarming rate. The truth is that many devices have caused dangerous side effects, long-term impairment, or life-altering injuries to the patients they were supposed to help. In other situations, unexpected deaths have occurred.
Dangerous Medical Device Mass Tort: an act or omission that harms a large number of people
Mass tort cases arise from a defective or recalled medical device on the market that harms many people. Some of these cases are well-publicized, while many others never make headlines, but cause just as much pain to the people whose lives are affected. In a mass tort case, plaintiffs file individual lawsuits, which are grouped together only for pretrial proceedings, and then they may be tried later in their original state jurisdiction. These personal injury cases fall under the category of product liability: the responsibility of corporations, distributors, and manufacturers of medical devices to foresee and test for potential risks and deliver safe products to the market.
Holding Medical Device Manufacturers Accountable: Ensuring Safety and Justice for Consumers
Medical device manufacturers are legally responsible for ensuring that their products are safe and must do the following:
- Conduct adequate clinical trials and other testing required by the U.S. Food and Drug Administration(FDA)
- Clearly explain the risks and benefits of their products to healthcare providers and consumers
- Continue to test their products for safety
When MedTech companies put profits before consumer safety, they can be liable for personal injury. Medical device defect attorneys are prepared to hold them accountable and recover full compensation for the harm done.
What makes a medical device dangerous?
Although products are closely monitored by the FDA, there are several reasons why a medical device may become dangerous or deadly, including:
- Design flaws, poor construction or the use of toxic or degradable materials
- Inadequate testing before a product is brought to market
- Failure to properly warn the medical community and consumers about product risks
- Product labeling defect without warnings for safe use
- Marketing of a product for uses not approved by the FDA
All of these failures come back to the basic principle of accountability. Manufacturers of defective medical devices can and should be held accountable if they put consumers at risk.
How do I find out if you have a valid dangerous drug claim?
The FDA tracks thousands of implantable, life-saving, and life-sustaining medical devices and maintains a database of hundreds of medical device recalls. Among these defective medical devices, some are the source of ongoing lawsuits in courts around the country. If you have been harmed by a defective medical device, you may have a liability claim.
The first step to see if you have a valid claim is to consult with an attorney who will determine what defective or recalled medical device claims are being handled and if your potential case qualifies for further investigation. There are strict statutes of limitations in medical device and recall cases, so it’s important to get in touch with an experienced personal injury attorney as soon as possible.
What compensation can I receive from a defective medical device lawsuit?
Under state and federal law, consumers seriously harmed because of defective products have the right to recover financial damages for various categories of loss, including:
- Pain, suffering, and emotional distress
- Interference with enjoyment of life
- Medical bills and healthcare expenses
- Time lost from work
- Any loss wages and lost future income
- Loss of consortium in a wrongful death case
Protecting consumers against dangerous medical devices
Dangerous medical device lawsuits involve complicated medical and legal issues and are expensive to pursue. It takes an understanding and mastery of complex theories of liability and damages, as well as the time necessary to review and process thousands of case documents, and work with many witnesses and experts.
If you’ve been injured by a defective or recalled medical device, contact Berman & Simmons to determine what devices are being considered for legal action and if your case qualifies for further investigation. By partnering with a national referral network of experienced mass tort attorneys, our goal is to protect consumers against potentially harmful medical devices and hold corporations liable to the people they harm.