The manufacturers of products as well as marketers, distributors, and retailers have a legal obligation to make sure that the product they are creating, promoting, or selling is 100% safe for use and is not under any circumstances a dangerous device. However, if a customer gets injured in any way using a defective product, the parties who were involved in the creation and marketing of the product/device can be held responsible in the court of law.
If the injured person chooses to sue the lawsuit is called a product liability case. It is strongly recommended that you seek professional help from experienced lawyers who have a good track record dealing with product liability lawsuits.
Dangerous Medical Devices
Most of the product liability cases involve a medical malpractice or a defective medical device. For instance, more recently there have been a lot of DePuy hip implant and Stryker hip implant lawsuits. The reason being was that both companies made a huge recall on their products which turned out to be dangerous devices. Instead of making people’s lives easier as they were marketed to do, they caused a huge percentage of the people to suffer.
People get easily convinced to use such dangerous devices, because they just don’t have a choice. They put their trust on medical professionals and product manufacturers to feel safer when they are getting certain surgeries or implants.
Defects of Dangerous Devices
Most of the time, innovative products are safe and get approved for customer usage. They help millions of people each day to live a better quality of life. However, occasionally, there are those products which are not tested and researched well enough but still get approved and marketed to the public. Such cases usually end with many people who get injured, some very seriously and permanently. These dangerous devices can include:
These are just several examples of medical devices which could potentially have defects. Keep in mind that product defects can arise for any type of item – not only medical.
Dangerous Devices on the Market
An investigation by Consumer Reports consisting of interviews with doctors and patients and an analysis of medical research plus a device-safety database maintained by the FDA concluded the following:
Preventing Faulty Medical Devices from Reaching the Public
Consumers Union agrees with the Institute of Medicine that the current system of medical devices regulations doesn’t fully protect patients from harm. It is recommended that the FDA considers the following regulations:
Until these regulations become active, patients themselves must be careful when they are considering a certain medical device, or using any device for that matter. The first thing you can do is consider alternatives. Talk to your doctor about your situation and ask them to explain to you what could happen if you don’t get that medical device inside of you.
If the surgery is unavoidable, research the medical device carefully. There are many products on the market and you would only one the one that actually has some great user feedback. Look around and ask around to see how people are reacting to the device. If it has a bad rep, forget about it. It will only cause you more problems than it solves. You can also easily access device information such as safety warnings, complaints, recalls, etc, by simply typing the device name into the website of the FDA. They have a huge database built exactly for this purpose.
If however, you already have the device implanted and you learn about recalls and complaints by other people, do not panic. Stay calm and contact your doctor for more information. Even though a device has been recalled, it doesn’t mean that it will fail for everyone using it. Head over to the FDA website to read warnings and safety measures.
Dangerous Devices Attorneys
If you or a loved one has suffered from a defective medical device, you might be entitled to compensation for your pain and suffering. We are currently accepting new cases for the following dangerous devices:
After the respective manufacturers recalled these products, they have seen a stream of product liability lawsuits which have cost these companies in the billions of dollars. The attorneys at The Fenstersheib Law Group, P.A. have a lot of experience dealing with cases related to the aforementioned dangerous devices. Our product liability lawyers have an amazing track record and will fight until you get the reimbursement you deserve!