Patients trust that the medical products and devices their physicians recommend are safe. While every medical device must undergo extensive testing before it reaches consumers, some are later proven to be defective and even dangerous. Consumers harmed by defective medical devices, such as implants, stents, defibrillators, and other products, may consider bringing a product liability claim for damages related to their injuries. Product liability claims are categorized in three ways depending on the nature of the defect.
Design defects exist before the product is created or assembled. It is a flaw in the design of an item that makes it inherently dangerous. Design defects occur in multiple devices; they are not the result of a one-off mistake.
Manufacturing defects occur during assembly or production. In manufacturing defect product liability claims, the medical device in question was not made according to the design and that error made the machine, implant, or apparatus dangerous.
Marketing defects are problems with how a medical device is presented to the consumer. This can be a failure to include adequate warnings, instructions, or guidelines for safe use. Marketing defects can happen before the consumer encounters the medical device. If a device’s manufacturer fails to provide a physician with an accurate and complete description on when and how to use the item safely, that oversight may ultimately endanger the patient.
Product liability claims regarding defective medical devices are complex because many different parties can potentially be liable, including the:
Defective medical device claims are subject to the rules of strict liability. That means that while the consumer does not necessarily have to prove that a mistake was made at some point in the process from design to marketing, they do need to prove the following:
Because admitting a design, manufacturing, or marketing problem with any medical device used by thousands of patients will likely bring recalls and litigation, companies make every effort to prove their medical device is not defective. These cases are especially challenging, and injured patients benefit from the legal guidance of a skilled Philadelphia defective medical device lawyer to advocate for them.
If you suspect your health problems are the result of an unsafe medical device, the experienced Philadelphia defective medical device lawyers at Brookman, Rosenberg, Brown, & Sandler can help. We will hold the negligent party responsible for your injuries. Call us at 215-569-4000 or contact us online today. Located in Philadelphia, we represent clients throughout New Jersey and Pennsylvania, including Delaware County, Chester County, and Philadelphia County.