Defective Medical Devices
When things go wrong with our health, we don’t only put our trust in doctors, we also put our trust in the manufacturers of those medical devices intended to keep us healthy or improve our quality of life.
Unfortunately, medical device manufacturers sometimes betray this trust when they design and make their products. Far too often, they rank the health of their profits above the health of the patients their products are supposed to serve. This allegiance to their company’s bottom line can lead some manufacturers to:
- rush the product to the market without firmly establishing its safety or effectiveness
- neglect to perform tests they suspect might reveal a design flaw
- conduct hasty, substandard research about the potential risks of the device
- intentionally conceal the potential risks of the device
- wait too long before recalling a defective product from the market
Who pays the price for their actions? We do.
Instead of getting the medical relief that we’re seeking, their defective devices make the situation worse. Sometimes we have to undergo painful surgeries to remove or replace the device. Sometimes we become more debilitated than we were before. Sometimes we become very sick or endure unpleasant side effects. And sometimes we – or someone we love – may even die.
It’s not fair that a patient should have to suffer as a result of a manufacturer’s oversight, irresponsibility, or fraud. That’s why if you or someone you love has received a defective medical device, you should talk to an experienced products liability attorney. You might be entitled to recover medical expenses, lost earnings, and compensation for pain and suffering.
What kinds of medical devices have been recalled for defects?
Of the more than 1700 medical devices on the market, hundreds have been recalled over the past decade. The most common recalls have occurred with:
- Artificial hip or knee implants
- Pacemakers
- Heart stents
- Prosthetic limbs
- Medication pumps
- Defibrillators
- Intrauterine devices
- Mechanical heart valves
- Silicone implants
What can I do to reduce the risk of receiving a defective medical device?
The most important thing you can do is educate yourself. Ask the brand name of the device the doctor intends to use and research the reputation of both the device and its manufacturer. Ask your doctor why he or she prefers this particular device, and why it is right for you. Also, be sure to discuss with your doctor the pros and cons of alternative devices and treatments for your condition.
I think I’ve received a defective medical device. When should I contact an attorney?
As soon as possible. An experienced products liability attorney can help you investigate whether wrongdoing has actually occurred, collect evidence, and assess whether you might have a legal claim against the medical device manufacturer.
Peter Ventura is a products liability and personal injury lawyer dedicated to helping people in Massachusetts harmed by defective medical devices obtain compensation for their injuries. Call today for a free consultation at 508-755-7535.
