Medical devices are making patients’ lives better in many ways. They stop blood clots, assist with surgical procedures, and replace damaged joints. Unfortunately, these same life-saving devices can also be destructive if they are defective or inherently dangerous.
If a medical device was defective and caused serious injury, the manufacturer may be liable under the theory of negligence or strict liability. If successful, claimants can recover the compensation they need to pay their medical bills, replace lost wages, and relieve the crushing financial burden these defective devices cause.
If a medical device caused an injury or serious medical condition or caused the death of a loved one, talk to a product liability lawyer in New York at Buttafuoco & Associates to discuss your options. Call 1-800-NOW-HURT.
Was my medical device defective?
Americans put their faith in the U.S. Food and Drug Administration (FDA) to ensure all medical devices are safe and trustworthy. Before making a device available to the public, the manufacturer must run it through rigorous trials to prove its usefulness and safety.
Unfortunately, some manufacturers use tactics to bypass these regulations and get their devices to market.
- Inadequate testing can result in misleading conclusions and conceal underlying defects.
- Some manufacturers are aware of a dangerous defect but bring it to market anyway or fail to warn consumers about it.
- Some manufacturers become aware that their products are defective but fail to issue a recall. For example, lawsuits allege DePuy Orthopaedics failed to recall its ASR hip replacements despite knowing of high failure rates.
Common Defective Medical Devices
The types of medical devices that have been subject to FDA recalls or that have been the subject of lawsuits vary widely.
These are just three examples. Other devices that have been subject to recalls and lawsuits include:
- Infusion pumps
- Surgical equipment
- Knee replacements
Proving Your Claim for Damages from a Defective Medical Device
A device can be defective in several ways:
- Defective design
- Defective manufacturing
- Inadequate safety warnings or instructions
Before patients can get compensation from the manufacturer, they have to present a convincing case that the device was defective and caused their injuries, and that the manufacturer should be liable under the legal theory of strict liability or negligence.
Under strict liability, claimants must prove that the product was defective and caused the claimant’s injuries. As simple as this might sound, it is far from it. It requires extensive case building, thorough investigation, and careful legal argument.
Under negligence, claimants must prove the manufacturer was negligent or willfully misled consumers of the effectiveness or safety of the product. They must then prove that the negligence led to injuries.
When you are fighting major medical device manufacturers, this process is by no means easy. Manufacturers have a lot of resources, large legal teams, and are not willing to admit their products are defective. Admitting that its device is defective not only leaves them open to lawsuits, but could affect future sales of the product. So they are not eager to acknowledge their liability.
Our medical device lawyers work with experts like physicians, researchers, and engineers who evaluate the medical devices, review medical records and device testing results, and can testify on behalf of our clients. This helps us prove that a device is faulty and that it caused our client’s injury – two essential elements of your claim whether you are arguing strict liability or negligence.
What should I do if I think I am the victim of a defective medical device?
If you believe your injuries or medical condition is related to a defective device, set up a consultation with a lawyer at Buttafuoco & Associates. You can do so by calling 1-800-NOW-HURT. Before your appointment, document or collect the following evidence and share it with your lawyer:
- How you came into contact with or used the device
- Who operated or provided the device
- Who performed your surgical procedure
- Training or instructions that came with devices (insulin pumps, pacemakers, etc.)
- Medical records
- Pain diary (record of your adverse effects)
It takes the knowledge and experience of a New York personal injury attorney to pursue these defective medical device cases. If successful, you will recover compensation for your medical expenses, lost wages, pain and suffering, permanent disability or disfigurement, and more.
The Buttafuoco & Associates team has experienced lawyers who know the ins and outs of medical device liability. Call us at 1-800-NOW-HURT to review your case and discuss your right to recovery.