Medical Device Liability
Medical Device Defect claims are a unique type of product liability action against the designers, manufacturers and sellers of dangerous medical devices that fail to perform as advertised and end up causing much more harm than good. There is typically some design flaw or a manufacturing defect in the device that causes it to fail, leading to serious personal injury and even death. Defective medical devices usually have a bad track record of prior problems that the manufacturer ignores or, worse, conceals. The problem is that too many medical device companies put profit over public safety and the Food & Drug Administration approval process is not rigorous enough and is subject to manipulation by unscrupulous business interests.
Over the past several years, many different medical devices have been flagged by the FDA and some even pulled from the market because of concerns that they may have caused serious personal injury and death in those whom they were intended to benefit. At present there are several major legal investigations into medical devices suspected of causing widespread medical complications across the United States:
- Composix Kugel mesh hernia patches
- DePuy ASR hip replacements
- Medtronic defibrillator Sprint Fidelis lead components
- Transvaginal mesh/sling products
- Zimmer Durom hip replacement cups
Other medical devices that have been investigated include certain kinds of drug-coated stents, pain pumps, silicone breast implants, luer-lock connection devices, orthopedic knee, hip and spinal disc replacements, cardiac defibrillators, certain types of cosmetic implants and surgical and orthopedic screws including Calaxo screws.
Defective medical device claims are inherently complex cases, legally and scientifically. It is necessary to investigate the product’s development and marketing, compliance with FDA regulations, the sufficiency of any warnings, the nature of the defect and its medical impact on the patient. It is important to retain top-shelf legal counsel in these types of cases.
Boston, Massachusetts and Rhode Island injury lawyer Jonathan D. Sweet, Esq., a seasoned trial attorney, represents victims of defective medical devices in jurisdictions across the country. For more information about your potential case, contact Attorney Sweet anytime, day or night, seven days a week. There is never a charge for an initial consultation.