Every day, millions of people rely upon medical devices to improve their quality of life. Commonly used medical devices include transvaginal mesh implants, LASIK eye surgery, heart stents, NuvaRing birth control, pacemakers, and hip implants. Most people use these devices without experiencing any problems. Yet, thousands of people are injured by defective medical products each year.
Defective medical devices can cause serious injuries that may lead to a lifetime of costly medical treatment. Many times, the injured victims are in a much worse predicament than they were before they used the medical device. You may not be able to work for an extended period of time which might cause you to lose your job and face foreclosure, eviction, repossession of your car, and/or destruction of your credit rating. In the most devastating cases, faulty medical equipment kills its users.
Getting Help From a Medical Device Lawyer
If you have been injured by a malfunctioning medical device, contact our defective medical device attorneys at Allen & Scofield Injury Lawyers, LLC. The goal of our Atlanta product liability lawyers is to overcome all of the legal obstacles that you face so that you can focus on recovering from your injuries. Our attorneys will meet with you for a free consultation to discuss your case. During that meeting, we will thoroughly evaluate your case and counsel you regarding the steps that you must take to give your case the best chance of success.
Fast Tracking Defective Products Past FDA Oversight
The United States Food and Drug Administration (FDA) regulates the promotion, assembly, and modeling of medical devices. They aim to prevent defective medical devices from reaching the market.
Medical device companies want to bring new products to market as quickly as possible in order to increase their market share and satisfy their shareholders. For many medical device manufacturers, profits are more important than protecting users. Numerous unscrupulous corporations that want to turn a quick profit have become adept at avoiding the arduous requirements of the FDA Pre-Market Approval (PMA) process by utilizing the FDA 501K process. The FDA 501K process helps fast-track medical device authorizations based upon the assumption that the subject medical apparatus works similarly to another product that has already completed the FDA’s PMA process.
Defective Medical Device Product Recalls
Even if a medical device passes the FDA Pre-Market Approval (PMA) process or FDA 501k process, that doesn’t necessarily mean that the product is safe. Whenever the FDA discovers that a product is unsafe, they recall the product.
Many times the medical device recalls are not made in time to prevent injuries. Before a recall is issued, you or a loved one might be severely injured, or killed, by a faulty medical device. Allen & Scofield Injury Lawyers, LLC has many decades of experience representing individuals that are catastrophically injured by fault medical devices. When you meet with us, the first thing that we will do is identify whether there is a product recall for the device to injured you. If the device has been recalled, it’s possible that your case might be resolved quicker.
The five common reasons for medical device recalls are:
Device packaging might be mislabeled or deficient. For example, the consumer might receive improper device instructions, or the exterior packaging might have be made with toxic substances.
- Faulty Device Connection
The device software is faulty or consumers experience connection failures and defects.
- Particulate Matter
Microscopic contaminants might have invaded intravenous medical devices during the device manufacturing and/or packaging process.
- Component Change
Failure to upgrade existing products might lead to device malfunction.
Leaks in the device or its exterior packaging can be hazardous.
In addition to the aforementioned common causes of medical device recalls, material contamination, part failure, employee error, storage issues, and faulty wiring can also contribute to medical device defects.
What You Need to Prove in a Product Liability Case
Product liability cases are challenging. Typically, you will have to prove that one of the following has occurred:
- Failure to Recall
If a company discovered that the product was unsafe and it did not issue a recall, that company can be liable for your damages if the product injured you.
- Failure to Warn
If a company does not alert consumers of probable device hazards, they might be required to compensate injured victims.
- Design Flaws
Medical device companies that produce a product with a dangerous design flaw can be also be liable for the injuries that the product causes.
Almost all medical devices use advanced technology. You will typically have to hire a field expert to identify the specific device flaw. That investigation will take time and it is usually expensive. For most people, that process is simply overwhelming. Additionally, medical device manufacturers will vigorously dispute that their product caused your injuries. For these reasons, it’s critical that you hire a defective product lawyer to handle your case.
Who May Be Liable For Your Injuries
In product liability cases, there are many potential defendants, including:
- Testing Laboratory
The testing laboratory that ran tests on the defective product.
The doctor who recommended the product to you may not have warned you of potential risks associated with using the product.
These companies create and market the defective products.
- Medical Sales Representative
Sales representatives might be liable for recommending hazardous products.
- Hospitals, Clinics, and Retail Suppliers
Any company in the distribution chain between the manufacturer and you might be potentially liable for harm caused by defective medical devices.
Call a Defective Medical Device Lawyer Today
The lawyers of Allen & Scofield Injury Lawyers, LLC have over 33 years of experience litigating defective medical product cases. We have the resources and time to identify the specific product defect that injured you and the responsible parties. We will help you prepare a strong case so that you can recover complete compensation for your injuries. Contact our attorneys at (404) 419-6674 so that we can start working for you.