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.