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.
Defects in the design of the medical device would be uniform across all examples of that product and endemic to the core design of the device. The device would be properly manufactured, however, something inherently hazardous in the device's design causes harm when used. It is possible that such defects may not become evident until well after the product has been on the market for some time and suffered wear and tear, and break down quite frequently.
The third category of a defect product claim that involves medical devices is a failure to warn adequately. This infraction may come in many forms. They include, lack of proper instructions and/or warning with regard to risks inherent in the product's use and/or the failure of the physician to provide proper instruction and warning.
The potential defendants in a resulting defective products case range widely from the manufacturer of the product to the distributor and even those tasked with marketing the product to the general public.
That is why it is vitally important that anyone seeking damages in a defective medical device product liability personal injury claim consult with an experienced personal injury attorney like those at Panio Law Offices. We have the expertise you need when attempting to recover damages when you have been harmed by a defective product. From case assessment to compensation negotiation, we understand what it takes to win the compensation you need to get on with your life after an injury. Call us at (708) 928-8680. We can help.