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.
- Inferior Vena Cava Filters (IVC filters). 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.
- Power Morcellator. Used in laparoscopic surgeries for women, these devices may spread cancer. This problem has led to power morcellator lawsuits around the U.S.
- Bair Hugger. Hospitals used these devices for decades to keep people warm during certain orthopedic surgeries, but studies have shown they circulate bacteria, sometimes leading to dangerous infections.
- Essure. Manufactured by Bayer since 2002, this sterilization device for women is the target of more than 5,000 complaints to the FDA. These complaints range from unintended pregnancy to punctured fallopian tubes.
- Defective Hip Implants. 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.
- Transvaginal Mesh. These net-like implants are used to treat urinary incontinence, organ prolapse, and other conditions in women. Some of the devices are known to cause serious complications including infection and organ perforation.
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.