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Recently, a well-known manufacturing company issued a recall on their infusion pumps. The company, which supplies over 80 percent of the market’s infusion pumps, found that some of their products failed to deliver medications properly. Many hospitals are now determining whether they will monitor, repair, or replace their supplies of infusion pumps.
Many of the affected hospitals are choosing to monitor their infusion pumps for defects instead of replacing or repairing their devices. This is likely because repairing or replacing medical products can become a hassle. In fact, the hospitals that are choosing to repair their pumps may have to replace as many as 7,000 components on the medical devices. However, some hospitals are choosing to replace their infusion pumps to prevent potential injuries.
An infusion pump is a medical device that is frequently used in hospitals to deliver medications to patients through their veins. According to the United States Food and Drug Administration (FDA), an infusion pump delivers fluids in a controlled manner. This means that it delivers a certain dosage of a medication into a patient’s bloodstream. If this is done incorrectly, the patient will likely not receive the right amount of medication. Similarly, they could also not receive the medication quickly enough before it is too late.
According to the FDA, some of the reported infusion pump defects include:
An infusion pump is designed to deliver medication in a controlled manner. However, a faulty infusion pump could make the mistake of delivering medication too quickly or too slowly. A patient who receives their medication too late may find that the medication is ineffective in treating their condition. However, if the medication is too quick, it could lead to death.
Depending on the case, there could be just one or several defendants. This is because the infusion pump was handled by several individuals or groups before it reached the patients. Potential defendants include:
Product Manufacturers: A product manufacturer is often considered the defendant because they are responsible for creating the product. Even if the product itself is not poorly made, the production could lead to mistakes, especially if the company is creating large batches of the product at a time.
Retail Suppliers: In some instances, the retail supplier could also be liable for injuries. Retail suppliers could potentially damage the product while it is in their possession. This could have an impact on the ability to perform correctly, which could lead to injuries or fatalities.
Doctors and Hospitals: Doctors and hospitals are also potential defendants because they work directly with the medical products. Doctors are responsible for being transparent with patients. If they suggest a product to a patient without telling them the potential threats, they could be liable for the injuries.
Medical Sales Representatives: The medical sales representatives could also be liable. This is because they likely persuaded the physicians to purchase the faulty products. If they failed to disclose the risks, they could be considered fully or partially liable for injuries.
When filing a medical products liability lawsuit, the victim should keep these potential defendants in mind. There could be more than one defendant, which could maximize damages.
The victim should note that there are three types of claims for defective medical products:
Defective Design: A design is defective when it does not fit or perform adequately in the body. In some situations, a product can wear down, which indicates that the design is flawed. In this instance, the victim can usually file a lawsuit against the product manufacturer or the distributor.
Defective Marketing: A medical device claim could argue that the product was poorly marketed if the person selling the product failed to disclose any of the potential risks that come with using the product. The victim could file a lawsuit against the salesperson in this situation since they failed to uphold their responsibility of remaining transparent.
Defective Manufacturing: A product is considered defective in this instance if the product was damaged or handled poorly during shipment or distribution. In this case, a victim could file a lawsuit against the manufacturing company or the retail supplier. Although it is not certain, it is likely that the defective infusion pump is a design flaw and also a manufacturing flaw.
A patient should feel safe and taken care of when they are in a hospital. However, a victim of a defective infusion pump may lose trust with their health care provider. Similarly, they will likely experience financial and emotional burdens after their injury. Many victims struggle with paying for expensive medical bills, recovering lost wages, and emotional trauma. A victim should contact a lawyer right away so that they can get on track for recovery.
A victim should contact a lawyer to hold liable parties accountable while also ensuring that the patient receives damages for medical bills, lost wages, or pain and suffering. A lawyer can help a victim maximize their damages by finding all possible defendants, finding and presenting evidence, and advocating for their client. They may also fight for punitive damages against the defendant, especially if the negligence was very severe.
A lawyer also ensures that their client is receiving a fair settlement offer. Many companies avoid paying out fair settlements to victims. However, a lawyer can negotiate with an insurance company or another entity to ensure that the victim is receiving enough money to pay for the expenses related to the injury. This can help the person recover while also ensuring that there are no other victims in the future.
If you have an injury that was caused by a faulty infusion pump, you need to contact one of our accomplished Philadelphia defective medical device lawyers at Brookman, Rosenberg, Brown & Sandler. A faulty infusion pump can lead to severe injury or even death. It can also lead to expensive medical bills and missed work days. Contact us online or call us at 215-569-4000 for a free consultation today. Located in Philadelphia, we proudly serve clients throughout New Jersey and Pennsylvania, including Delaware County, Chester County, and Philadelphia County.