Defective Medical Devices
Medical devices are meant to assist and protect people who are suffering from various health conditions. The FDA regulates medical devices to ensure their safety. Unfortunately, despite rigorous testing, defective medical devices frequently make their way to the marketplace and hospitals.
Defective medical devices can cause injury, illness, or death. Individuals who suffer injury due to defective medical devices are protected by product liability laws. Product liability holds manufacturers and distributors accountable for damages caused by unsafe products. Attorney Lynn C. Harris can assist victims of defective medical devices in Salt Lake City, UT get the financial compensation they are due for their losses.
Types of Defective Medical Devices
There are many medical devices on the market. These devices are routinely used by doctors and hospitals to treat ailments and control certain medical conditions. Even if a medical device has been deemed safe by the FDA, that doesn’t mean that it can’t cause issues. It is not uncommon for medical devices to be found dangerous months or years after they have been introduced to the marketplace. Common types of defective medical devices include:
- Birth control patches
- Heart valve implants
- Insulin pumps
- Hernia mesh
- Hip, knee, or shoulder replacements
- Retrievable IVC filters
- Breast implants
Medical Device Recalls
When the FDA receives evidence that suggests a device could cause serious illness or death, they will recall the product. After a medical device has been recalled, patients have the right to have the device removed or replaced with a safer alternative, even if they have not yet suffered any injuries from the device.
Our Provo clients often ask about their rights regarding defective medical devices that have not been recalled. Even if the FDA has not recalled a medical device, individuals have the right to take legal action if they believe that the product has caused them harm. It is people who file product liability lawsuits against medical device manufacturers or distributors who often pave the way for medical device recalls.
Proving Product Liability
Product liability laws tend to be complicated, and they vary slightly from one state to another. In addition, medical device manufacturers often have a large and experienced legal team on their side. To have the best chance of getting a favorable ruling in a product liability case, plaintiffs need to have knowledgeable attorneys fighting on their behalf. A product liability attorney must show:
- The medical device failed to work as intended
- The plaintiff suffered illness, injury, or death
- Injuries were directly linked to the defective medical device
Salt Lake City attorney Lynn C. Harris and our legal team have helped many clients collect the compensation they are due for defective medical device damages, including medical expenses, pain and suffering, lost wages, and, in the case of wrongful death, funeral expenses. They are prepared to help other victims of defective medical devices get just compensation for their losses.
If you or a loved one has been injured by a defective medical device, attorney Lynn C. Harris would be happy to discuss your legal options. To learn more about product liability laws, contact us at your earliest convenience, or call (801) 521-3200 to schedule a legal consultation.