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Philadelphia Defective Medical Device Lawyers

 

Welcome to the Law Offices of
Brookman, Rosenberg, Brown, & Sandler

Every day Americans put their trust in medical products and devices that are meant to protect the people who need them the most. Unfortunately, some of these devices end up causing more harm than good, resulting in serious injuries, infections and even death. Some of these products end up being recalled, but oftentimes this happens after the damage has been done. At Brookman, Rosenberg, Brown & Sandler, our Philadelphia defective medical device lawyers can help if you or someone you love has been injured by a defective medical device.

Over the years, thousands of patients have been injured by a wide range of defective medical devices. The following are examples of products that have been the most problematic in recent years:

  • Defibrillators: Small, electronic devices that are implanted in the patient’s heart in order to deliver electric shocks that will help maintain normal heart rhythm.
  • Stents: Tubes, which are sometimes coated with a drug, inserted into an artery to prevent blockage.
  • Implants: Synthetic devices inserted into a disabled body part, such as a hip or shoulder, to help restore function.
    • DePuy Hip Implants have been used in thousands of hip replacement surgeries, but have had high failure rates, leading to recalls and lawsuits.
    • Transvaginal Mesh is a surgical patch implanted on the vaginal wall to correct pelvic organ prolapse and urinary incontinence. Many patients have suffered from mesh erosion and organ perforation.
  • Da Vinci Surgical Robots: Surgeon-operated robots are used for surgeries in areas of the body that are difficult to reach. Robot malfunctions and doctor errors have led to pierced organs, infections and electrical burns.
  • Contraception devices like intrauterine devices (IUDs)
    • Mirena IUD, a popular form of birth control, has been known to pierce uterine walls, cause infections and ectopic pregnancies and result in device migration.

Defective Medical Device Claims

A product liability claim involving a defective medical device will be based on one of the following categories:
  • Defectively manufactured medical devices: These include devices that were either manufactured improperly or damaged.
  • Medical device with a defective design: These include medical devices that were poorly designed, often resulting in the product breaking down in some way. Victims sometimes claim that the manufacturer was aware of the defect, but deliberately concealed it. An injured victim may collect more punitive damages if this can be proven to be true.
  • Defectively marketed medical device: In this category, defective marketing may include a failure to provide adequate or accurate warnings about potential safety issues with the device, or a failure to provide adequate instructions on how to properly use it. The misleading marketing can come from the manufacturer, a doctor, a hospital, a sales representative or other medical professional.

Proving Your Medical Product Liability Claim

If you plan to sue a doctor or hospital in connection with your injury caused by a medical device, you may have a medical malpractice claim as well. However, it is not necessary to choose one or the other. An experienced medical product liability lawyer will include every type of legal claim in your complaint, as long as it is legally relevant. In order to have a successful outcome in your lawsuit, you must prove the following:
  • You were injured.
  • The medical device was either manufactured/designed defectively or marketed defectively.
  • The defect or poor marketing was the cause of your injury.
The outcome of a medical device case usually depends primarily on the second and third issues as they provide the most information necessary to prove your claim.

Philadelphia Medical Product Liability Lawyers at Brookman, Rosenberg, Brown & Sandler Protect Victims Injured by Defective Medical Devices

If you have been injured by a defective medical device, it is in your best interest to contact our Philadelphia medical product liability lawyers at Brookman, Rosenberg, Brown & Sandler. We have a proven track record of successfully prosecuting cases like this and we will work tirelessly to protect your rights and secure the maximum compensation you deserve. With offices conveniently located in Center City Philadelphia, we serve clients throughout the Delaware Valley, including Pennsylvania and New Jersey. For a confidential consultation, call us at 800-369-0899 or 215-569-4000 or contact us online.