Defective Medical Device Lawsuits
By Michael Verna on October 28, 2019
Any products available on the market should be safe for use by consumers. Tragically, that is not always the case. Those injured by defective products in the San Francisco Bay Area and Walnut Creek, CA can count on a skilled product liability attorney from our law firm.
Attorneys Richard T. Bowles and Michael P. Verna would like to focus on the dangers of defective medical devices. These kinds of products need to function properly since they’re intended to save lives and improve wellness. When they cause harm, consumers and patients need advocates on their side.
The Dangers of Defective Medical Devices
We expect any medical devices that are used on u or placed in our bodies to be safe. Yet there are numerous instances in which the medical devices used on people are not tested in a rigorous manner. HBO’s Last Week Tonight with John Oliver covered defective medical devices earlier this year, and their segment is worth watching for a rundown of the dangers in the industry.
In short, many medical products can get cleared by the Food and Drug Administration (FDA), but that is a separate process from approval by the FDA. FDA clearance does not involve the same level of testing or inspection as FDA approval, which means that potentially defective and dangerous medical devices can be used on patients.
Defective Hernia and Transvaginal Mesh
Surgical mesh is placed following surgery to help rebuild tissue structure and aid in the healing process. There have been numerous complaints about unbearable discomfort caused by surgical mesh following hernia and pelvic floor repair surgeries.
Defective Hip and Joint Replacements
Hip replacements are crucial for restoring mobility and reducing pain. Yet there are many artificial hips that do not function as they should, breaking or causing serious harm to the surrounding tissues of the joint. The same is true of other joint replacement devices.
Keeping an Eye Out for Medical Device Recalls
Dangerous surgical mesh and faulty hip replacements are just two of the most common kinds of defective medical devices in recent years. There are many more medical devices and products can can lead to serious harm, from pacemakers to surgical stents and intrauterine devices (IUDs) for birth control.
The FDA page for recalls, market withdrawals, and safety alerts is updated regularly with various pharmaceuticals, devices, and over-the-counter products that pose a threat to consumers and patients. Major announcements are often made on the news for certain medical devices and drugs.
It’s important for patients and attorneys to remain alert and diligent when it comes to medical device defects.
Who Is Liable for Defective Medical Devices?
The designer, manufacturer, and/or distributor of the medical device can be held legally liable for injuries and deaths related to the product. In the case of medical device designers, the product itself may be inherently dangerous. For medical device manufacturers, the materials used or the construction process may be poor. For distributors of medical devices, the storage or shipping of the device may have contributed to serious flaws.
While discussing your case with our lawyers, we can go over what happened and determine who was at fault and whether or not you have a product liability case worth pursuing.
Speak with Bay Area Product Liability Lawyers
If you live in the San Francisco Bay Area and have been harmed by a defective medical device, we encourage you to contact our team of product liability attorneys. You can reach Bowles & Verna LLP in Walnut Creek by calling (925) 935-3300.