Defective Medical Devices
Defective Medical Devices
Tens of millions of Americans live with medical devices implanted in their bodies, from artificial joint and heart defibrillators to surgical mesh. Although these devices are tested for safety and effectiveness, dangerous parts and models still reach the market.
About Dangerous Medical Devices
Similar to pharmaceutical drugs, medical devices must receive clearance from the FDA before they are made available to consumers. Devices can be fast-tracked through a program called 501 (k) in which a device must prove it is substantially equivalent to one already in distribution in the United States. Unfortunately, this standard can sometimes backfire.
For example, in the case of the Attune knee replacement, DePuy had to prove their device met the standards of one already on the market—the Zimmer NextGen knee, which was later recalled. People and companies who manufacture, distribute, market and sell products are obligated to ensure their product is safe for use and not unreasonably dangerous for the consumer. If a medical device is defective or later found harmful, those involved in creating and distributing the product may be held liable for any resulting damages.
Defective & Dangerous Medical Devices
The following devices have high reports of injuries, side effects or failure:
Metal-on-metal hip replacements may fray, causing metal shavings to become lodged into the surrounding tissue or enter the bloodstream. This can cause a condition called metallosis, or metal poisoning. Metal-on-metal hip implants include the following manufacturers or brands: Biomet, Depuy, Johnson & Johnson, Smith & Nephew, Wright, and Zimmer. It is common for patients to be unsure which type of hip implant they have received.
Stryker Rejuvenate hip implants fail at high rates. This metal-on-metal hip is prone to splintering and releasing toxic levels of metal into the patient’s bloodstream. Our defective medical device lawyers began investigating the product before the FDA took action and it was recalled. We were also the first to file a Stryker hip failure lawsuit. Searcy Denney remains a leader in the Stryker litigation and has been named to the multi-district litigation (MDL) steering committee.
DePuy Hip Implants
Johnson and Johnson recalled 29 models of its DePuy hip implants in August 2010 because of their high rates of failure. When a prosthetic hip fails, patients suffer debilitating pain and must endure additional surgeries to replace the defective device. We have represented DePuy Hip Implant victims from around the country and successfully fought to bring them the compensation they deserve.
Inferior vena cave filters, known as IVC filters, were developed as temporary, “retrievable” filters designed to catch and prevent blood clots from entering the heart and lungs of patients who are at high risk for pulmonary embolisms. Unfortunately, IVC filters have been linked to an increasing number of complications, such as migration and perforation of various organs in the body.
Often referred to as a transvaginal mesh, this device is surgically implanted to relieve symptoms of stress urinary incontinence (SUI) and pelvic organ prolapse (POP) — conditions sometimes arising from hysterectomy, vaginal delivery, obesity or smoking. Unfortunately, for many women, vaginal meshes cause more severe medical problems, including inflammation, infection, pelvic abscesses, vaginal discharge, painful intercourse, damage to surrounding organs and puncture of blood vessels, bladder or bowel. Many patients require additional surgeries to repair the injuries while some are left with permanent disabilities.
The Mirena IUD is a form of birth control that is implanted in a woman’s uterus and releases steady amounts of the synthetic progesterone levonorgestrel. Medical problems associated with the Mirena IUD include Pseudotumor Cerebri, uterine perforation, pelvic inflammatory disease and ovarian cysts. Ectopic pregnancy and miscarriage may occur when the IUD fails. In addition, the birth control device may migrate and result in scarring, hysterectomy, infertility or even death.
Consequences of Dangerous Medical Devices
Dangerous medical devices can cause a wide range of complications which can lead to lifelong complications. Some common consequences of dangerous medical devices include:
- Worsening symptoms
- Permanent disability
- Revision surgery
For those suffering from injuries by medical devices, compensation may be an option to help cover:
- Medical bills
- Rehabilitation costs
- Lost wages
- Pain and suffering
- Funeral costs
Dangerous Medical Device Liability
- Manufacturing defects: A lawsuit based on a manufacturing defect alleges that the original design of the product is completely safe, but that something happened during the manufacturing process to make the product unsafe.
- Design Defects: A civil action based on defective design alleges that the product is inherently dangerous based on its design alone, rather than an error made during the manufacture of the product.
- Failure to Warn: A product liability claim that focuses on a warning or labeling defect, the plaintiff alleges that the product or products had some sort of inherent danger and that the manufacturer of those products had a legal duty to warn of this danger but failed to do so.
Depending on the circumstances of your case, the device manufacturer, the laboratory that tested the device, or the issuing doctor or hospital.
When to Contact an Attorney
Searcy, Denney, Scarola, Barnhart & Shipley is a premier medical product liability law firm founded more than 40 years ago to protect consumers from unsafe medical devices and drugs. Our litigation team represents injured patients and their families throughout the United States in claims against the multi-billion dollar “Big Pharma” companies and medical device manufacturers. Together with the resources of the firm and more than $5 billion in recoveries, we aggressively pursue the corporations responsible for serious injuries and fatalities caused by dangerous medical products. If you have experienced pain, disability, illness, additional surgeries or other problems with your medical device, you can take action against those responsible for your losses. Contact the attorneys at Searcy Denney by calling (800) 780-8607 or contact our firm online to schedule a free no-obligation consultation with our experienced Florida defective medical device lawyers.
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