Defective Medical Devices
Medical Device Malpractice Lawyers in Florida
Each month, the world of medicine wows us with some new development or technology designed to make our lives better. All of us here at Hannon Legal Group are grateful for these advancements. Everyone should be. But if a device hasn’t been adequately tested or if its design is fundamentally flawed, it can do more harm than good. So why bring it to market? Why risk causing harm to someone? Why risk a medical device defect malpractice lawsuit?
The answer is simple. Companies that manufacture such technology hope to make a lot of money from the endeavor. While they have an ethical responsibility to make sure that the device they bring to market is both effective and safe, the allure of profit can cloud their decision-making.
Defining Medical Device Defect Malpractice
What do we mean by defective medical devices? As malpractice attorneys, we consider a medical device defective when a device that doesn’t work as it was intended or when a device isn’t effective in the manner promised. Of course, when a device breaks or malfunctions, that also qualifies as defective. A defective medical device malpractice case can include:
- Breast implants or anything else that might damage your immune system
- Defective hip or knee replacement components
- Harmful transvaginal mesh implants
- Heart valve implants that fracture or leak and lead to repeated surgeries or even death
- Infections caused by devices that are not sterilized or that have been improperly assembled
- Inadequately sterilized gynecological devices which can lead to infections, infertility or miscarriages
- Pacemakers which fail to main a proper heart rhythm or which stop working altogether
- Any device that malfunctions, including but not limited to insulin pumps
How does Defective Medical Device Malpractice Happen?
A defect in a medical device shouldn’t happen at all. There’s no medically justifiable reason to risk the health and wellbeing of patients just to make a dollar. The manufacturers of medical devices are obligated to test their products and ensure that every aspect of them meets the safety regulations set forth by the Food and Drug Administration. Sadly, the FDA doesn’t normally conduct the testing itself. The agency relies on the device manufacturer to supply proof that the product is safe.
Medical Devices Known to Have Failed, Malfunctioned, or Otherwise Become Defective
Many times, persons who have been victims of medical device defects wonder if they really have been victimized. They know they have suffered, but they’re unsure if their medical device is among those devices known to cause harm. Here is a brief list of devices Hannon Legal Group has known to go bad:
- Anesthesia ventilators
- Apnea monitors
- Argon enhanced coagulation units
- Autotransfusion units
- Breast pumps
- ECG / EEG
- Electronic thermometer
- Electrosurgical units
- External pacemaker
- Fetal monitors
- Heart Lung Machine
- Invasive Blood pressure units
- Infusion pump
- IUDs (Intrauterine Devices)
- IVC filters
- Laparoscopic insufflators
- Lytic Bacteriophages
- Phototherapy units
- Radiant warmers (Adult)
- Surgical drill and saws
- Surgical table
- Surgical lights
- Surgical microscope
- Temperature monitor
- Ultrasonic nebulizers
- Ultrasound sensors
- X-rays diagnostic equipment
How Widespread Are Medical Device Defects?
The list above shows that medical device defects are more common than you might think. Sick individuals are vulnerable to the allure of the new device that’s supposed to fix everything. But the above list demonstrates that it’s not just the latest and greatest technology that is failing. In fact, a recent study reported in the American Journal of Preventive Medicine and discovered by Hannon Legal Group claims that over 450,000 people each year are injured due to a medical device.
Pursuing a Defective Medical Device Malpractice Case
In the experience of the Hannon Legal Group, pursuing instances of medical device defect malpractice are among the costliest and most complex cases. There is often a product liability aspect to the circumstances of the situation. Furthermore, device manufacturers may want to prolong the case so that they can continue to make money off the sale of their product, even if there’s a chance that the device’s design could be shown to be faulty.
On top of all this, your defective medical device claim could hold multiple parties liable for the harm caused to you. These parties include the device manufacturer itself, the pharmacy or company which supplied the device to you, and the person doing the surgery to implant the device (in the case of implanted medical devices).
That’s why it’s important for you to retain the services of a medical device defect malpractice attorney like Hannon Legal Group. We are experienced at pursuing justice, even through complex cases, so that our clients make receive the compensation they deserve.
What a Victim of Medical Device Malpractice can Expect to Receive in Compensation
If you have been hurt because of a defective medical device, it’s important to hold the manufacturers of that device accountable. You may have a right to be compensated for both your economic and noneconomic losses. That means you could recover:
- Medical Costs – The expenses associated with recovering from injuries caused by a defective medical device
- Lost Wages – When you’re injured by a defective medical device and have to miss work, the manufacturer should compensate you for your lost wages or salary.
- Future Medical Costs – The injury you’ve suffered may burden you with medical expenses into the future.
- Pain and Suffering – The judge and jury on your case may decide that the emotional and physical trauma associated with medical device defect merit compensation.
Permanent Disability – Sometimes medical devices fail in such a way as to prevent you from every working again. This, too, is something you have a right to be compensated for.