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Defective Medical Devices and Personal Injury Claims

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.

The 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:

  • Pacemakers
  • Prosthetics
  • IUDs
  • Heart valves
  • Orthopedic replacements like joint, hip, or knee
  • Stents
  • Transvaginal mesh
  • Hernia patches
  • Breast implants
  • Pain pump or insulin pump

Defective Medications

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:

  • Antidepressants
  • Birth control
  • Antipsychotics
  • 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.

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