Medical devices include a wide range of products from surgical instruments to pacemakers. While you might expect such important devices to be made with utmost precision and care, time has shown repeatedly that this is not always the case.
If you were hurt by a defective or unsafe medical device in Maryland, then it is time to call on Portner & Shure, P.A. Our Bel Air lawyers like to challenge major product manufacturers, Big Pharma, and international insurance companies so people like you don’t have to.
See what a legal fighter can do for your case. Call .
How Medical Devices Become Defective
Before a medical device can be released on the open market and the general public, it must receive approval by the Food and Drug Administration (FDA), as drugs do. Although, also like drugs, the FDA does not test medical devices firsthand. Instead, the manufacturers perform the testing and present their findings to the FDA.
It might go without saying but a manufacturer’s goal is not to create a safe product but instead to earn a profit. This true intent can result in unsafe products being sold after the manufacturer fabricates its safety reports or simply does not file one at all.
Defective medical devices that have been seen in lawsuits before include:
- Stents
- Vaginal mesh devices
- Nuvaring devices
- IVC filters
- IUDs
- Metal-on-metal hip implants
Liability in Defective Medical Device Claims
Legal cases of victims suffering injuries due to defective medical devices fall under the umbrella of product liability law. There are three legal theories under which a medical device manufacturer can be held liable for a defective product. Under a theory of negligence, a medical device manufacturer can be held liable if it can be shown that the manufacturer failed to use reasonable care in the design or manufacture of the device. Under a theory of breach of warranty, the manufacturer fails to provide sufficient warning of the device’s dangers.
Under a theory of strict liability, the manufacturer can be held liable if it can be proven that the device was:
- Inherently defective
- Unreasonably dangerous
- Direct cause of an injury
- Unchanged from the time it was manufactured to the time it was sold
Let Us Help Build Your Claim
Legal claims involving defective medical devices are complicated, to say the least. This complexity is caused in part by medical device manufacturers using vast financial resources to themselves from liability. Our team of Bel Air defective medical device lawyers knows where to look for useful evidence to evaluate your claim, though, like FDA reports.
Injuries & Damages
You can demand both economic and noneconomic damages in your defective medical device claim. Economic damage can be tracked tangibly, such as medical bills. Noneconomic damage is more abstract, like your pain and suffering. Maryland lets you demand both, and we intend on getting you as much as possible.
A Trusted Team in Your Neighborhood
You do not want to go far when looking for a law firm to help with your claim. That’s why you should trust Portner & Shure, P.A. right here in Bel Air, Maryland to handle or refer your case. Our attorneys fight tenaciously against insurance companies on behalf of our clients, as we know we just as easily could be fighting for a close friend or neighbor in our town.
