Defective Medical Devices
Advances in medical technology have resulted in amazing devices that have prolonged life expectancies and improved the quality of life for millions of people. Each year, we see numerous medical devices such as joint replacement devices for knees, hips and ankles; pacemakers; orthopedic hardware and cosmetic implants introduced onto market.
For too many consumers, however, many of these products prove to be faulty or defective in design, manufacturing or marketing. Insufficient testing, faulty materials, fabricated or cherry-picked test data and improper or inadequate warnings have been responsible for causing users to undergo painful second implant surgeries, to experience immeasurable pain when the product fails, to accumulate thousands of dollars in medical expenses and treatment costs and to see their quality of life suffer.
Examples of Defective Medical Products
Over the years, we have seen the following products as the subject of defective medical device lawsuits:
- Depuy hip replacement devices
- Depuy high-flex knee replacement
- Knee prosthesis
- Breast implants
- Da Vinci surgical robot
- Zimmer Durom cup
- Zimmer Nexgen LPS-Flex knee implant
- Transvaginal mesh
- Drug-coated stents
- Medtronic defibrillators
These are just a few of the dozens of medical devices that have been the subject of class action lawsuits that have led to billions of dollars in compensation to injured consumers.
If you have been injured as a result of an implant or by use of a medical device or instrument, contact the Sacramento personal injury lawyers at The Law Offices of Alex G. Tovarian.
Duty of the Manufacturer
Makers of any product are obligated to design, manufacture and market their products safely and responsibly. Although any medical device must be FDA-approved before it can be marketed, a manufacturer has a continuing legal duty to inform the FDA about any flaws or defects and potential risks or be liable for damages for any injuries that result.
Holding Medical Device Manufacturers Responsible
In 1996, the US Supreme Court ruled that a medical device manufacturer could not be held liable if the device was pre-approved as safe by the FDA. The ruling does not affect products that were not pre-approved by the FDA and may not apply to a device that harmed you. Those manufacturers who did not follow FDA guidelines and were approved can still be sued in state court under product liability law.
Compensation for Defective Medical Devices
Suffering from complications resulting from a defective medical device can be devastating. If you have a viable lawsuit, you could collect compensation for the following damages:
- Past and future medical expenses
- Lost wages
- Lost earning capacity
- Diminished quality of life
- Loss of consortium with a loved one
- Pain and suffering
Compensation in any personal injury case varies and depends on the severity of your injuries and other factors in your life.
Contact The Law Offices of Alex G. Tovarian
Defective medical device cases may be filed individually or be part of a class action lawsuit. In any of the situations, the personal injury lawyers at The Law Offices have been successful in prosecuting medical device defect claims. We can investigate and show how a manufacturer should have taken measures to make their device safer or how it failed to market or warn of the potential foreseeable risks.
Call us today for a free and confidential consultation and case evaluation. We have the experience, knowledge and resources to handle defective medical device cases.