Were you or a loved one harmed due to a failed medical device? We invite you to discuss your case with a defective medical device lawyer at our firm and learn how we can help. The faulty product’s manufacturer, distributor, or seller may be liable for your injuries.
Medical device manufacturers have an obligation to provide safe medical devices to the public. Being injured or losing a loved one due to dangerous medical equipment can be emotionally devastating and financially catastrophic.
As a victim, you have the right to take legal action, hire a defective medical device attorney, and compel liable parties to claim responsibility for the injuries you’ve suffered. This area of law is called medical product liability.
At Marc Whitehead & Associates, our experienced team understands the legal issues in pursuing a lawsuit for injuries or wrongful death caused by dangerous medical products. Obtaining maximum defective medical device settlements for our clients is our goal. Wherever you live, we can help. Our firm represents victims in medical product liability lawsuits nationwide.
How Do I Know If My Device has been recalled for a Defect?
When an unsafe medical device puts patients at risk of harm, it violates FDA safety laws. Therefore, the device must be recalled from use to avoid severe or life-threatening injuries.
Usually, recalls are issued voluntarily by the device manufacturers who decide to pull a specific medical device from the market. A recall begins when the manufacturer (or another responsible party) decides a correction or removal of the device is necessary due to a defect.
What if a manufacturer fails to recall a defective device?
Unfortunately, some manufacturers choose to ignore injury reports. They might not report unfavorable findings or adverse events to the FDA. In these cases, the FDA will release safety communications, requiring manufacturers to add black box warnings, and can order the company to remove any unsafe products from the market. A defective medical device lawyer will be your strongest ally in these cases.
To find out if the FDA or the manufacturer has issued a recall notice, you have the following resources:
- The device manufacturer may send you direct notification of the recall
The FDA monitors and posts information about all recall actions in the following places for public access:
The FDA also publishes a current list of the most severe medical product recalls. The FDA considers these listed products likely to cause serious health problems or death. Visit FDA’s page:
If you cannot find the information you’re looking for, please contact a defective medical device lawyer at Marc Whitehead & Associates.
There is no need to be unsure and lose precious time. Medical product liability cases must follow strict timelines, which depend on your case’s jurisdiction. We will answer your questions and help you get the information you need.
Who Is Liable for Defective Medical Devices?
As in any product liability claim, you must determine liability before bringing a lawsuit. In most defective medical device cases, the responsible party is the manufacturer or designer. However, the following parties may be found liable:
- Device designer
- Device manufacturer
- Device distributor
- Testing facility or laboratory
- Marketing firm
- Physician or hospital – Examples are a doctor who failed to warn you of possible risks when using the device or surgeons or hospitals accepting kickbacks from device manufacturers.
Identifying the responsible party or parties in a medical product liability claim can be difficult, and a skilled defective medical device lawyer can get to the truth.
Defects and errors can happen during the design, manufacturing, or marketing phase.
- Design phase – To prove the injury is based on a design flaw, you must show the court that the device was unreasonably dangerous as designed – OR – the device is not safe for its intended purpose.
- Manufacturing phase – Precise manufacturing and assembly are crucial to ensuring continuity and safe use when the manufacturing process becomes flawed due to machinery malfunction, ill-repair, human error, or faulty parts and components.
- Marketing phase – Medical devices may be recalled due to defective sales, advertising, or labeling that affect documentation and instructions for use. For example, the device’s advertisements or product labeling has incorrect or misleading information about how it should be used, resulting in misuse of the device. Or labeling failed to warn against potential hazards associated with the device’s usage.
To succeed in a claim, you will need to prove several elements:
- The medical device was used as the manufacturer intended
- Harm occurred as a direct result of the use of the medical device
- As a result of your injury, you suffered compensable damages
What Are Some Recent Medical Device Recalls?
Technically, medical devices can be as simple as crutches and as complex as an artificial heart. The following examples are just a few common medical devices having been recalled as defective:
- BiPAP, CPAP Machines
- Breast Implants
- Heart Stents
- Insulin pump implant
- IVC Filters
- Kidney Dialysis Filters
- Knee and Hip Replacement Devices
- Spinal Cord Stimulators
- Surgical Mesh
- Transvaginal Mesh
- Hernia Mesh
Lives can be forever changed when a medical device fails. Serious injuries include cancers, lung disease, organ failure, infections, nerve damage, paralysis, amputation, chronic pain, permanent disability, and wrongful death.
Can I File a Defective Medical Device Suit?
If you or a loved one have suffered injuries related to a recalled medical product, you have the right to file a lawsuit to recover damages. It would be best if you had an experienced defective medical device attorney, and Marc Whitehead & Associates can help.
What are damages? Successful claims can lead to defective medical device settlements or jury verdicts to help cover costs associated with the harm caused by the device.
Economic damages may include:
- current and future medical bills
- lost wages
- out of pocket costs
- lost earning potential if you become permanently disabled from working
- and other financial damages caused by the device
Vital non-economic damages may include pain and suffering, mental anguish, and loss of enjoyment of life.
In some cases, the at-fault party may be held for intentional harm, or a willful disregard for the consumer’s health and safety. These actions may seek additional punitive damages for flagrant and gross misconduct.
We welcome your call to discuss your case with a long term disability attorney experienced in defective medical device litigation.
Why Choose Disability Denials?
When the medical device industry seems more concerned with making a profit than upholding its promise to keep customers safe, you need a solid legal team fighting for justice on your behalf.
Marc Whitehead & Associates has a national reach and a strong legal team. A defective medical device lawyer with our firm can help ensure you get the maximum compensation for your settlement. We handle all aspects of your case’s litigation.
- Our attorneys investigate complex medical device cases to identify the defects. We use the latest science and technology to research and build the details of your case. These claims often require the support of credible experts who can testify about how the device malfunctioned or was flawed and caused your injuries. As your case requires, we work closely with medical, engineering, manufacturing, and other professionals.
- We trace every party that might share liability for your injuries. Our lawyers investigate the responsibility of parties involved in the chain of commerce as the medical device moves from the design and manufacturing phase to the consumer.
- We understand the types of evidence required to prove each client’s claim and the laws governing them. Opposing counsel will raise its defenses. Our attorneys will be ready with a strong case that address and counters each one. The opposition knows our seasoned trial lawyers are prepared to bring any case to trial and to verdict.
Medical product liability cases are complex. If you’re unsure whether you have a lawsuit, call our firm to speak with a defective medical device lawyer. In a free case evaluation, we will discuss your legal options and explain what we can do for you and your case.