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Chicago Personal Injury Lawyer | Panio Law Offices

Defective Products Cases Involving Medical Devices

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When a faulty medical device, typically used to better the health of the patient, ultimately causes injuries to the patient, a product liability claim may be a valid way of recovering damages. Devices like defibrillators, implants, contraceptive devices and mesh stents can create added complications to the medical conditions they are meant to treat. Like typical defective product cases, claims filed based on defective products can involve one or more of three legal theories:

  • Defect in the Manufacturing/Production of the Device
  • Defect in the Design of the Device
  • Defect in the Marketing of the Device

A defect in the production of the device will be distinct to the product that caused the injury. The defect can result when an error occurs at the manufacturing facility, an issue with shipping occurs, or an error occurs in the doctor’s office or medical facility. This defect typically occurs between the manufacture of the product and the installation of the device.

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What is Product Liability?

Consumers have a right to the expectation that products designed, manufactured, and sold in the stream of commerce may be utilized with a reasonable degree of safety when those products have be utilized in the manner in which they were intended.

Illinois product liability laws permit individuals who suffer injury as a result of defective products to recover damages based on a number of theories that each stem from the understanding that the designer, manufacturer and/or distributor of the product has the best opportunity to ensure that the products they sell are safe for use by the general public. Those entities are, therefore, chiefly responsible for outcomes when their products cause injury or harm.

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