- Personal Injury
- 18-Wheeler Accidents
- Auto Accidents
- Construction Accidents
- Catastrophic Injury
- Wrongful Death
- Industrial Accidents
- Railroad Accidents
- Workplace Accidents
- Premises Liability
- Product Liability
- Product Recalls
- Dangerous Drugs
- Defective Medical Devices
- Class Action Lawsuits
- Denied Insurance Claims
Defective Medical Device Injury Attorney
Fighting for those injured by defective medical devices in Alabama and Nationwide
Defective Medical Devices Legal Overview
The medical device industry is highly competitive. This means many medical products are rushed to market. Often times adequate testing and proper consideration of the potential harm that these products could cause is overlooked. Device makers sometimes use loopholes in the U.S. Food and Drug Administration’s regulations to gain clearance for their products.
One of the loopholes they utilize involves claiming their device is “substantially equivalent” in safety and effectiveness to another device that is already on the market or claiming that their device is being used for the same purpose. The actual use for the device, however, may have been grossly misrepresented.
Time is of the essence. If you have been injured, or your loved one has died as the result of another’s careless conduct, don’t wait, contact us today for a complimentary case review.
What are the Risks from a Defective Medical Device?
In a terrible twist, a medical device that promised to restore health and improve quality of life has done just the opposite, and caused a serious, permanent injury. This is the situation in many defective medical device cases we handle.
When companies put profits above people, lives are destroyed. The manufacturers of medical devices have a responsibility to test their products for safety before they are provided to people and to alert consumers immediately if a problem with their product becomes apparent. Sadly, we often find examples where just the opposite is true.
Several medical devices that have come under recent scrutiny include:
Some devices may lead to serious injury or death as a result of a product defect. Device failure can have a lasting impact on a patient’s health. Many failed devices are recalled by the manufacturer. Surgically implanted medical devices that have failed in the past include silicone breast implants, hip replacement joints, artificial heart valves, and surgically implanted mesh.
Since its approval in 2002, 750,000 Essure devices have been implanted. Adverse events reported with Essure include migration, leading to perforation of the fallopian tube or uterine wall or embedment in other organs, often requiring hysterectomy or surgical removal; allergic reactions; severe pain; and infection.
While permanent IVC filters have been used since the 1960s with almost no reports of failure, retrievable IVC filters were introduced in 2003, promoted for use in bariatric surgery, trauma surgery and orthopedic surgery. Risks associated with the retrievable IVC filters include migration, fracture and perforation, leading to embolism, organ damage and wrongful death.
This may result in infections like MRSA or sepsis. In particular, patients undergoing knee or hip replacement surgery are at risk of infections deep in the joint, which is very difficult to treat. Complications from these infections include hospitalization, implant revision surgery, limited mobility, permanent disability, amputation and death.
Morcellators are typically used to grind away uterine growths such as fibroid tumors, and in hysterectomies. They became popular as a less invasive surgical alternative. The FDA conducted a formal review of the devices in July 2014 and announced that it’s concerns with the morcellator were confirmed. During this time, Johnson & Johnson announced it would stop selling the surgical tools.
Medtronic has received reports that users accidentally programmed the pumps to deliver the maximum amount of insulin possible. An urgent medical device safety information letter (PDF) on the issued by the manufacturer in late July.
Serious adverse side effects and potentially life-threatening complications have been reported following the implantation of the device. These complications include organ perforation, migration of the IUD to outside the uterus, expulsion of the IUD, and embedment in the uterus, among others.
If you feel you have a defective medical device claim, you may be entitled to compensation. Contact us today for a free, no-obligation legal consultation.
Our Class Action Lawsuit Attorneys Get Results
We believe that every case is an important one and that every client deserves personal attention, compassion and an attorney who will fight for your rights. No matter the extent of the injuries or the type of accident that you have been injured in, do not hesitate to get the involvement of an Alabama personal injury attorney from our firm. Contact us today.