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What Types of Injuries Are Caused by Defective Medical Devices?

January 31, 2022

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Health care providers use medical devices to diagnose, prevent, and treat a wide range of illnesses and injuries. Unfortunately, when there is a flaw in one of these products, it can cause serious health complications. In fact, depending on the nature of the flaw, the defective medical product may cause more harm than the illness or injury that the device was meant to treat.

If you suffered a serious injury from a defective medical device, you may be eligible for financial compensation. However, determining liability in these types of cases can be a complex process since there are multiple parties who are involved in the chain or distribution. Therefore, it is highly recommended that you consult with an experienced lawyer who can assist you with a medical products liability claim.

When a medical device is defective, it can cause a range of injuries, some of which can be serious and even life-threatening. The following are examples of common injuries associated with defective medical devices:

• Allergic reaction.
• Chronic pain.
• Heart attack.
• Infection.
• Organ damage.
• Permanent disability.
• Stroke.
• Tissue or bone damage.

What Are the Different Types of Medical Product Defects?

A medical device is any type of device, product, or implant that is used to treat a range of illnesses, injuries, or disabilities. Examples can range from crutches and nonelectric wheelchairs to defibrillators, stents, contraceptive devices, and implants. A medical device is considered defective if a mistake or oversight occurred during the design, manufacturing, or marketing phase.

Liability for a defective medical device will be determined by the phase in which the flaw occurred:

• Design defect: These tend to be the most serious type of device defect because it often affects an entire product line. Whether the manufacturer failed to identify potential risks in the product blueprint or did not anticipate the device breaking down over time, the manufacturer will likely be held liable for a product that has a defective design. In addition, if you can prove that the manufacturer intentionally concealed the defect in an effort to profit from the product, you may be awarded punitive damages in addition to compensatory damages.
• Manufacturing defect: This occurs when a medical device is manufactured in a way that deviates from the design. As a result, the product may not perform as intended. This can include a manufacturing error, shipping problems, or any type of damage that occurs from the moment the product leaves the factory to when it is delivered to the doctor’s office or hospital. Unlike design defects, manufacturing defects may only affect one product or a small batch or products rather than the entire line. The majority of defective medical devices fall into this category.
• Marketing defect: This occurs when the doctor, hospital, sales representative, or other medical provider fails to review the instructions on how to properly use the device or warn patients about the possible dangers associated with the product. Even if the device is well-designed and there were no issues during the manufacturing process, the device can still cause serious harm to patients if it is not marketed properly.

What Are Examples of Defective Medical Devices?

The following are examples of medical devices that are on the market today. If defective in any way, they can cause very serious injuries or fatalities.

• Pacemakers and defibrillators: These are small devices that are implanted inside the body to monitor and help control abnormal heart rhythms.
• Hearing aids: These devices are worn either in or behind the ear to help improve the person’s hearing.
• Breast implants: These are implanted to change the shape, size, and contour of a woman’s breasts. They are either saline-filled or silicone-filled.
• Contraceptive devices: These implanted devices are meant to prevent pregnancy. Examples include intrauterine devices (IUDs) and birth control implants.
• Hip implants: These are used for patients who require hip replacement surgery.
• Insulin pumps: These administer insulin to manage blood sugar for patients who have diabetes.
• Heart stents: When arteries become blocked, there is an increased risk of a heart attack. Heart stents can reduce the risk of a serious, potentially fatal heart attack by keeping the coronary arteries open.
• Transvaginal mesh: This is a net-like device that is implanted in a woman’s body. It is used to treat women who suffer from urinary incontinence and pelvic organ prolapse.

How Do I File a Claim?

If you are injured by a defective medical device, it is not always obvious who the liable party is or what type of claim you should file. A medical products liability claim focuses on the defective product, whereas a medical negligence claim is based on whether or not the health care provider’s actions were reasonable and if they met the accepted medical standard of care.

For example, if you suffer an injury after an implanted hernia mesh fails and there was a defect in the device, this would warrant a medical products liability lawsuit. However, if the surgeon implanted the device incorrectly, you may pursue a medical malpractice lawsuit against the surgeon. A skilled lawyer will review the details of your case and recommend the best legal course of action.

Who Is Liable for My Injuries?

There are a number of parties involved in the distribution chain of a medical device, including the company responsible for designing, manufacturing, and distributing the device, the testing facility, the medical supplier, the physician, the pharmacy, and the hospital or medical facility. In order to determine which party is liable for your injuries, you must identify the defect and determine whether it is a design flaw, a manufacturing defect, or a marketing issue.

Oftentimes, it is more difficult to prove that an implicated device is defective. After a medical device has been removed, it is usually considered medical waste and disposed of, which can make a medical products liability lawsuit challenging unless the surgeon or other health care professional in the room took pictures of the device or took detailed notes.

Once you have identified the defect and the party responsible for the flaw, you will need to demonstrate that you were owed a duty of care by the liable party, that they breached that duty, and that the breach caused your injuries and resulting financial losses.

The following are examples of potential defendants in a defective medical device case:

• Product manufacturer: Companies that manufacture medical devices are often large corporations that are in a position to award significant financial compensation for your injuries. However, they can also afford a team of lawyers to defend their case, so it is highly recommended that you consult with a lawyer to ensure that your rights are protected.
• Physician: The health care provider who used or recommended the medical device may be liable for your injuries if they did not use the device properly or failed to discuss the potential dangers associated with the product. For example, if a physician improperly implanted a contraceptive device, resulting in an injury or a serious infection, they will likely be liable for those injuries.
• Hospital or clinic: Any person or company that is part of the chain of distribution can be held liable for injuries caused by a defective medical device, including a hospital or clinic.
• Retail supplier: If you obtained the defective medical device from a retailer, including a pharmacy or a drug store, they may also be held liable for your injuries, as they are the final entity in the chain of distribution of the medical device.

What Are Possible Damages if I am Injured by a Defective Medical Device?

Defective medical devices can cause serious injuries that may require hospitalization, corrective surgery, physical therapy, and ongoing medical treatment. The costs associated with these injuries can accumulate very quickly, and if the injury prevents you from being able to return to work, this can be financially devastating. Fortunately, you may be eligible to recover the following compensatory damages by filing a medical products liability claim:

• All past and future medical expenses associated with the injury.
• Lost wages.
• Loss of future earning capacity.
• Scarring and disfigurement.
• Pain and suffering.
• Emotional distress and mental anguish.
• Disability.
• Loss of quality of life.

Philadelphia Defective Medical Device Lawyers at Brookman, Rosenberg, Brown & Sandler Can Help You if a Faulty Medical Product Caused Your Injury

If you have a serious injury, infection, or other health complication from a faulty medical product, do not hesitate to contact one of our Philadelphia defective medical device lawyers at Brookman, Rosenberg, Brown & Sandler. We will conduct a thorough investigation into the details of your case. To schedule a free, confidential consultation, call us today at 215-569-4000 or contact us online. We are located in Philadelphia, and we serve clients throughout New Jersey and Pennsylvania, including Delaware County, Chester County, and Philadelphia County.