The use of high-tech medical devices and products has clearly revolutionized
medical care. However, when a device fails or is defective, it can cause
serious injury, or even death in some cases. It is not always the case,
but some unscrupulous manufacturers would rather try to cover up the problem
while denying anything is wrong. In these instances, the defective product
may still be stocked at hospitals and medical supply stores, which could
cause more people to become injured.
Food and Drug Administration (FDA) is the government agency charged with recalling these defective
devices, but that often does not happen until many people have been injured
or killed. Medical manufacturers do not set out to hurt someone, but a
rush to release the product quickly or apply for a patent may cause the
product to hit the market without sufficient clinical and lab testing.
In some cases, a doctor may be well aware that there are existing problems
with the medical device. If he or she fails to discuss the potential hazards
and risks, it can put your health and safety at risk. Or, a doctor may
use a product inappropriately, causing injury or permanent damage. In
this situation, it would likely would be more of a medical malpractice
issue versus a defective product case.
Types of Defective Medical Devices
Some types of medical devices may be more prone to failure, and in some
cases, you might not even realize a medical device is at risk. Examples
of manufactured medical devices include:
- Heart valves
- Orthopedic replacements like joint, hip, or knee
- Transvaginal mesh
- Hernia patches
- Breast implants
- Pain pump or insulin pump
In addition to medical devices that fail, there are a number of class action
lawsuits that have been brought over defective medications. Some of these include:
- Birth control
- Testosterone replacement therapies (TRT)
- Diabetes medications
- Osteoporosis medications
- Seizure medications
In some of these class action lawsuits, the patients who were prescribed
specific brands suffered side effects that were more serious than described.
Why Should You File a Lawsuit?
If you or a loved one was injured by a defective medical device, you deserve
compensation for your medical expenses and your pain and suffering. In
the event that someone in your family passes away due to the defective
product, you need money to cover funeral and burial expenses. In addition
to seeking compensation, the company needs to be held accountable for
putting a defective product on the market and putting people’s health
and safety at risk.
Retaining a Medical Malpractice Attorney
The laws regarding medical malpractice and defective medical devices are
always evolving. Proving a product is defective can be a big challenge,
which is why it is important to retain a
Maryland medical malpractice attorney who also has experience with defective medical products. If you have questions
on medical malpractice and need assistance determining whether you have
a case, the Law Office of Robert R. Castro can answer all your questions.
Contact our office at 301-870-1200 to schedule a consultation.