According to the FDA’s own data, they oversee the use of over 6,700 different categories of medical devices. When your doctor prescribes one of these devices as treatment, you want to have faith it is going to make your life better.
If you or a loved one has been injured by a defective medical product, you should contact Norris Injury Lawyers right away. We can help you get the compensation you deserve for your life being altered by the negligent companies responsible for the product’s performance.
Our No Fee Guarantee® means you will not have to pay a dime unless you win your case! Call Norris Injury Lawyers today for a free consultation at (800) 477-7510. Our defective medical device lawyers are standing by 24/7.
Preventable Medical Mistakes Caused by Defective Devices
The NCBI reported over 400,000 patients are harmed by medical mistakes each year, many of which are caused by defective medical devices. The reasons for these injuries include:
- Medication allergies
- System failures
- Malfunctioning medical technology
- Diagnostic errors
- Surgical errors
The FDA defines a medical device as: “an instrument, apparatus, implement, machine, contrivance, implant, in vitro reagent, or other similar or related article…intended for use in the diagnosis of disease or other conditions, or in the cure, mitigation, treatment, or prevention of disease.”
If you have been harmed by a defective medical device, you deserve to be compensated for your pain and suffering.
How Medical Products Can Become Defective
You would expect that a device approved by the FDA and prescribed by your doctor would be effective and safe. This is not always the case. Like any other industry, the big-time medical companies are in it for profit, not to change the lives of patients. The goal is to be ultra-competitive to maximize revenue.
When dollars are a company’s main motivation, it can force them to rush newly developed products to be first in the market. If another company beats them out, they could lose billions in profit. Still, even with a fast release, you expect these medical devices to be carefully tested.
Unfortunately, even products with the FDA-approved label can be defective and cause injury. This is because the FDA does not have the budget to thoroughly test every product on its own. Instead, it trusts the individual companies to do the testing on their own devices and provide the data to prove that it is safe.
According to the FDA’s own website: “To receive FDA approval for these devices, manufacturers must demonstrate with sufficient, valid scientific evidence that there is a reasonable assurance that the devices are safe and effective for their intended uses.”
While medical devices should be tested before going to market, it is unfortunate that the FDA leaves it up to the companies to do the testing. This has led many companies to take risks for the sake of profit. The FDA might deal with them later, but by then it is too late to prevent severe, life-altering injuries and illnesses.
Common Defective Medical Devices in Birmingham
The FDA released a report that looked at how many medical device recalls happened in a 10-year span between 2003 and 2012. What they found was the number of recalls increased 97 percent in that time.
Common defective medical devices include:
- Hip replacements
- Knee replacements
- Sensor insulin pumps
- Implanted insulin pumps
- Surgical mesh
- Heart defibrillators
This is only the beginning of a long list of medical products that have become defective and caused injury to patients. We put our faith in these devices, believing they will positively change our lives for the better, but when they become defective, they cause all kinds of harm, including wrongful death. If you are a victim of defective medical devices, you need to contact a defective medical device attorney right away.
Who Can Be Held Liable for Medical Device Injuries?
If you or a loved one is the victim of a medical device malfunction, you must investigate the cause of the defect. Here is a list of considerations to make when determining who should be held liable for medical device injuries.
The manufacturer may be responsible since they have a legal duty to provide safe products to the public. The intention was there, but somewhere along the line, the product developed a fault. This can be a factory issue, an error on the line, or contamination.
Failure to warn
In many cases, the defect did not happen with the creation of the device, but the lack of awareness around its safety. Failure to warn can include:
- Giving improper warning
- Promoting unauthorized use
- Failing to warn about adverse side effects
- Deceptive marketing
Design defects happen mostly when a device is not tested adequately or the company ignores red flags. Despite proper and safe manufacturing, the design proved to be dangerous.
Supply chain defects
Many times, the design, manufacturing, and advertising are all fine. The problem that caused the defect might have found its way through the supply chain. Contamination and other defects can crop up while the products are being shipped to their destinations.
Doctors and hospitals
Your doctors are also obligated to follow a high standard of care. They must do proper research on the products they prescribe. This includes the steps taken to surgically insert, remove, and repair these devices. If their negligence causes an injury, you can seek money damages.
You Deserve to Be Compensated for Your Defective Medical Device Injury
Every state allows victims of defective device manufacturers to seek compensation for damages. Every injury or death can result in lost wages, massive medical bills, pain and suffering, emotional distress, and so much more.
Norris Injury Lawyers has a team of experienced Birmingham attorneys who are ready to defend you against the negligent company that caused you harm. We have been helping Birmingham clients win defective medical device cases for over 40 years.
We are standing by 24/7 to take your call at (800) 477-7510. You can even send a message to one of our online operators who will be glad to assist you. Contact us today for a free consultation.