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Medical Device Defect and Recall


Holding companies accountable for dangerous medical devices

Maine Medical Device Defect and Recall Lawyers

From artificial joints to implantable pacemakers, the medical device industry in the U.S. continues to boom. There are literally thousands of companies making medical devices, with combined annual sales of more than $100 billion.

But there is a dark side to this fast-paced growth and innovation. Not all medical devices are safe. The number of defects and recalls continue to rise. The truth is that many devices have caused permanent injuries and even death to the patients they were supposed to help.

When medical device manufacturers put profits before consumer safety, our attorneys are prepared to hold them accountable and recover full compensation for the harm done to you.

Mass tort cases stem from a dangerous medical device on the market that harms a large number of people. 

To learn more about these cases, see our articles discussing some of the most common mass tort FAQs we receive and the differences between mass tort, class action, and multidistrict litigation (MDL) lawsuits.

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How to find out if you have a valid medical device claim

The United State Food and Drug Administration (FDA) keeps track of more than 1,700 types of medical devices. There are known problems and defects with many medical devices, and some are the source of ongoing lawsuits in courts around the country. If you have been harmed by one of these or other medical devices, you may have a claim.

  • 3M Combat Earplugs. Service members in the military between 2003 to 2015, were likely supplied with Dual-Ended Combat Arms™ Earplugs (CAEv2) manufactured by 3M. However, design and manufacturing defects rendered the earplugs largely ineffective for hearing protection.
  • Hernia Mesh. Composite meshes that use polypropylene or polyester material are often used in patients to repair hernias. Certain brands of composite meshes, such as Atrium, Johnson & Johnson, Bard, and Covidien, have caused serious complications.
  • Inferior Vena Cava Filters (IVC Filter). Inserted in veins to prevent blood clots from reaching vital organs, these tiny cage-like devices can break and/or move from their intended location in a patient’s body, causing serious injury.
  • Metal-on-metal Hip Replacement. An $800 million recall of hip replacement devices by Depuy Orthopaedics in 2010 brought public attention to a wide range of injuries caused by certain hip implants, particularly newer all-metal devices.
  • Sorin Stöckert 3T Heater-Cooler Device. The FDA and CDC have warned that these devices, used during major surgeries, may have been contaminated during manufacturing, putting patients at risk for life threatening infections, specifically Mycobacterium chimaera (M. chimaera).

The first step in determining whether or not you have a valid claim is a free consultation with one of our attorneys. We will conduct a thorough review of your medical records and answer any questions you might have. There are strict statutes of limitations in medical device and recall cases, so it’s important to get in touch with us as soon as possible if you believe you have a claim.

Why are some medical devices dangerous?

There are a number of reasons why medical devices can be dangerous, including:

  • Design flaws or inadequate testing before a company brings a product to the marketplace.
  • Failure by a medical device manufacturer to properly warn the medical community and consumers about risks.
  • 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 medical devices can and should be held accountable if they put consumers at risk.

These cases fall under the category of product liability: the responsibility of manufacturers, distributors, and others involved in the supply chain to foresee and test for potential risks and deliver safe products to the market.

A Law Firm That Listens

Berman & Simmons is widely recognized as the best personal injury lawyers in Maine and among the best in the U.S., having won many of the largest jury verdicts and settlements ever obtained for injured people in Maine.

Our trial lawyers have won thousands of claims on behalf of those injured in a car accident, and each year we build on that successful track record.

Our attorneys and staff members will take the time to listen to you, work to understand your concerns, and come up with solutions that can make your life better, including obtaining payment for or deferral of your debts until your case is resolved. We help you recover and make sure you receive full compensation for your injuries and loss.

We'll Take Care of the Heavy Lifting

Protecting Consumers Against Dangerous Drugs and Medical Devices

What compensation can I receive if I was harmed by defective medical device?

Under state and federal law, victims of defective products have the right to recover financial damages for various categories of loss, including:

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    Pain, suffering, and emotional distress, past and future

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    Interference with your enjoyment of life

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    Medical expenses, past and future

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    Time lost from work

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    Loss of future earnings

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    Wrongful death damages (for the estate)