Medical devices are intended to cure or alleviate symptoms and illnesses that patients are experiencing. Medical patients have these devices implanted with the reasonable expectation that they are safe. Sadly, this expectation is shattered when victims suffer injuries due to the defective nature of a medical device. To make matters worse, an injured patient might require further corrective medical procedures to undo or minimize the harm caused by the defect.
The expensive cost of care following a medical device defect can be too much to bear on your own. You should consider seeking financial compensation with the legal counsel of our Vienna, Virginia defective medical device attorneys from Portner & Shure, P.A. Your goals become our own when you let us represent you during such a difficult time.
To work with a team backed by 25+ years of legal experience, call (410) 995-1515.
Medical Device Industry Regulations & Issues
The medical device industry is subject to regulation by the Food and Drug Administration (FDA). People often think that medical devices are safer than normal consumer products due to testing requirements imposed by the FDA, but this is not exactly true. The reality is that the FDA rarely tests medical devices in their own facilities and while using their own high standards. Instead, they rely on testing performed by medical device manufacturers, who usually only perform tests on small groups of people and interpret results in a positive light. The true dangers of a medical device are often not apparent until the device is sold to the general population.
Examples of dangerous medical devices in recent lawsuits:
- Physiomesh
- Stents
- Vaginal mesh devices
- IVC filters
- IUDs
- Metal-on-metal hip implants
Laws Regarding Defective Medical Device Claims
Defective medical devices are technically a product, so they are covered by product liability laws. Medical device manufacturers have a duty to ensure that their products are reasonably safe before they can be released on the market. A medical device manufacturer can be held liable if the device they made and sold was negligently designed or manufactured. They can also be held liable if they failed to provide sufficient warning of certain risks associated with the medical device.
Building A Defective Medical Device Case
Claims involving defective medical devices are usually rooted in complex facts and heavy resistance from the liable party. You will likely have to sue a corporation that will spend vast sums of money to defend a case and keep fair compensation out of your hands.
The testing requirements imposed by the Food and Drug Administration often create a paper trail showing what type of testing a manufacturer performed or failed to perform. This paper trail may also demonstrate how a manufacturer failed to follow rules and procedures mandated by the FDA or frequently practiced by competitors. Finally, it may also be possible to gather evidence showing what a manufacturer knew with regard to the risks and dangers inherent to a medical device.
What Damages Can You Receive?
Injuries from defective medical devices are particularly traumatic as they usually require corrective surgeries. You can pursue economic damages to pay for all necessary medical care, including what has already been done and what will be required years later. Noneconomic damages are meant to compensate you for the pain and suffering you have endured due to the complications and harm caused by a defective medical device. In such cases, noneconomic damages are often sizeable and much greater than economic damages.
We Can Let You Know If You Have a Case
It might not be clear at first if a defective medical device has directly caused your injuries or illnesses. You will need a trusted medical professional’s opinions or diagnoses. You will want the input and guidance of our Vienna defective medical device attorneys, too. We know where to look for convincing evidence of liability and how it can be used best for your case.
