Medical products span the range from sanitary wipes used in hospitals to complex medical devices such as artificial knees and pacemakers. When a medical product is defective, it can cause serious injuries or death, even if the product seems simple and harmless.
Defective medical products are far too common. One reason why they are so common is the fast track clearance process that allows many devices to go to market without going through the normal U.S. Food and Drug Administration (FDA) approval process.
Today’s medical devices can save lives and extend quality of life. Never before have we been able to replace essential parts of our bodies like we were automobiles, and just keep on going.
But, there is a dark side. The medical device industry is highly profitable, and in an effort to cash in on those profits, too many device makers rush their products to market, before the real dangers are known. Some have design flaws and fail. Others contain substances that are released into the body causing widespread poisoning and localized tissue death.
Devices, such as implanted defibrillators, meant to keep people alive when a life-threatening health event occurs can misfire causing a fatal event. And advanced devices are not the only culprits.
Some of the most trusted household products you may have in your cabinet right now can cause cancer and other harm. For instance, who would have guessed that baby powder would turn out to be a slow killer causing ovarian cancer in the women who used it for years.
Find a Defective Medical Device Lawyer Near You
If you have been harmed by a defective medical product, or if you have lost someone you love, you can hold those responsible accountable for the harm that they have caused and recover compensation for your expenses and losses.
My Price Lawyers connects injury victims with affordable attorneys with extensive experience representing victims of defective medical devices. Our attorneys represent clients nationwide. We are here to help you get started today.
Examples of Defective Medical Products
Virtually any medical product has the potential to be defective. Some types of devices and other products are more commonly defective.
- Surgical mesh including transvaginal mesh and hernia mesh
- Inferior vena cava (IVC) filters
- Power morcellators
- Pain pumps
- Implanted defibrillators
- Artificial hip implants
- Artificial knee implants
- Shoulder replacements
- Talcum powder
- Cardiac stents
- Forced air surgical warming blankets
- Surgical heater/cooler systems
- Alcohol wipes, swabs and sticks
- Intrauterine devices IUDs
- Breast implants
- NuVasive MAGEC Systems
- Surgical robots
Harm Caused by Defective Medical Products
The harm caused by defective medical devices and products depends largely on the type of product and how it is used.
Examples of the types of harm that a defective medical product or device can cause include:
- Recurrence of the condition a device was supposed to correct
- Revision surgery, sometimes multiple revisions surgeries, which may not be successful
- Severe infections and sepsis
- Loss of use of a limb
- Organ damage or loss
- Damage to surrounding tissue or bone
- Chronic life-long pain
- Pulmonary embolism
- Heart attack
- Allergic reaction
- Inflammatory response
- Device migration
- Organ perforation
- Perforation of other tissues
- Chronic, lifelong pain
- Significantly decrease quality of life
- Permanent disability
- Implanted defibrillator or pacemaker fails to perform or activates when it should not
Rushing Medical Products to Market
The general public tends to believe that medical devices must go through a rigorous approval process by the FDA. Although there is a lengthy and rigorous approval process, many devices can by-pass the system going through an expedited clearance process that gets them to market much faster and without the testing that consumers expect.
The 510(k) clearance process is the FDA’s fast-track process for making new medical devices available more quickly. A new device does not have to go through the testing and approval process if it is similar to a device that has already been approved. It may sound like a good way to speed up innovation and advances in medicine, but there are some very dangerous flaws involved in the process.
New devices are cleared based on being “substantially equivalent’ to and existing device which is referred to as the predicate device. So, if it’s pretty much the same as a device that has gone through a rigorous testing process and received FDA approval, what is the problem? Well, one problem is that it does not matter if the predicate device was defective. New devices can be cleared based on being substantially equivalent to defective devices, even if it is known that the new device has the same flaws.
Not only does that sound scary, a review of the process, after it had been in place for 35 years, found that the results are disastrous. You will probably not be surprised to hear that 71% of Class 1 device recalls that occurred from 2005 through 2009 were recalls of devices that had been cleared through the 510(k) process. A Class 1 recall is the most serious level of recall for devices. It is reserved for devices that pose a risk of serious health consequences or death. The review was conducted by the Institute of Medicine (IOM) which released its report in 2011.
Why Choose My Price Lawyers when You Have Been Harmed by a Defective Medical Product
The injuries caused by defective medical devices can cause serious disabilities, long-term illnesses, and even death. The expenses involved are unimaginable. And, the entire situation is unexpected and sends your entire family into a tailspin. You need help. You need to find a way to pay the bills and keep getting the medical care that you need. And, you are tired and stressed and far too busy dealing with your health issues to think about diving into a lawsuit.
That is where we come in. My Price Lawyers connects injury victim like you with caring and experienced attorneys who offer their services at an affordable rate. We get you connected with a lawyer, free of charge, and your attorney takes over the hard work of pursuing compensation for you. An experienced and dedicated defective medical device attorney can lift the burden from your shoulders. You no longer have to do the research and make the phone calls and do the work to try and get the situation as close to corrected as possible. And, with an experienced attorney on your side, you have an advocate who will fight to get you the compensation that you need and deserve.
After serious injuries caused by medical products, you cannot afford to fork over cash to get started with a lawyer. We know that. The attorneys in the My Price Lawyers network represent injury represent injury victims on a contingency fee basis. They only get paid if your get paid. There is no retainer or up-front fee to get started. You do not get billed by the hour. Your attorneys’ fees are a percentage of what you win.
At My Price Lawyers we believe that every injury victim deserves quality legal representation at an affordable price.
Are Device Injuries Medical Malpractice?
Patients who have suffered injuries caused by defective medical devices, often believe that their injuries were the result of medical malpractice. This is particularly true when a surgical procedure was involved. When a defective medical product causes your injuries, the case falls under product liability, not medical malpractice.
Sometimes, it is not obvious whether your injuries were caused by the device or by the surgery or other medical negligence or errors. Surgical error, poor aftercare, medication errors and other mistakes are always possible when injuries arise after the implantation or use of a medical device. You do not have to figure it out on your own. An experienced defective medical device attorney will thoroughly investigate your case to determine what went wrong, what really caused your injuries, who can be held liable and which type of lawsuit is appropriate to pursue in order for you to get the compensation that you need and deserve.
Getting Started Right Away
If you have been harmed by a defective medical product, or suspect that a medical device caused your injuries, you need to talk to an experienced defective medical device attorney right away. Your attorney will need to begin their investigation and gather evidence before it is lost or destroyed. And, there are time limits and deadlines that must be met, or you will lose your right to pursue compensation.
The statute of limitations is the time limit for filing your lawsuit. There are many factors that can affect how much time you really have. By talking to a defective medical product attorney right away you can protect your rights and your claim. Quality legal representation is essential to winning the compensation that you and your family deserve.
Please do not wait until it is too late to learn more about how an experienced defective medical product attorney can help you.