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What Should I Expect in a Defective Medical Device Lawsuit?

Patients that must use medical devices to stay healthy put their trust in this equipment and the companies that manufacture them. Stents, implants, and insulin pumps are just a few examples of devices that have helped people over the years.

It is impossible to count how many lives have been saved by medical devices, but there have been many lost or hurt from defective ones as well. These can lead to product liability claims, when victims choose to hold others responsible for providing defective medical devices that caused them harm.

Categories of Defects

There are three main categories of medical device defects, including:

  • Defective designs: This means that the device was not designed properly from the start or its original plans were flawed.
  • Manufacturing issues: This can include mistakes made at the manufacturing plant, issues at a hospital or physician’s office, or damage incurred during packaging and shipping.
  • Improper marketing: If the box does not have the appropriate warning label, the patient can use it incorrectly and get hurt. Others in the supply chain, such as sales representatives and medical professionals, may give patients and others the wrong information about the device, also leading to improper usage. There have even been cases where manufacturers were aware of defects, but purposely concealed the knowledge and kept devices on the market.

Defendants and Proof

With three categories of defects, it follows that there may be more than one defendant in a medical device lawsuit. The company can be liable for defective design and manufacturing. Sales representatives that try to push their bottom lines can provide doctors with poor information. Physicians can also fail to properly inform patients about risks and make errors during implant procedures.

Every state has their own laws for proving a defective medical device case, but it should be shown that the plaintiff suffered losses or was injured. There should be proof that the medical device is defective, and that the defect directly caused the loss or injury. The court will also want to know that the victim was using the product in a way that it was intended.

Compensation for Expenses and More

These types of settlements can compensate victims for monetary and less tangible losses. The costs for medical expenses incurred and lost wages can be substantial, especially if the injuries are severe. These can be tracked by saving all medical bills and pay stubs. Calculating the cost of pain and suffering is more complex, and this is where an experienced defective medical device lawyer can be of help.

Philadelphia Defective Medical Device Lawyers at Brookman, Rosenberg, Brown & Sandler Help Victims Obtain Compensation They Deserve

Defective medical devices can cause great harm and even death, and the Philadelphia defective medical device lawyers at Brookman, Rosenberg, Brown & Sandler will fight to protect your rights. For a free case evaluation, complete our online form or call us at 215-569-4000. Located in Philadelphia, we serve clients throughout New Jersey and Pennsylvania, including Delaware County, Chester County, and Philadelphia County.