Blog
July 7, 2022
When you go see your doctor, whether it is for a minor issue or for major surgery, you never expect to be worse after you leave. Unfortunately, that is exactly what happens to some people who deal with defective medical products.
The health consequences of a medical device not working as intended can be deadly. There are many problems that can lead to defective medical products. Poor design, substandard materials, and bad manufacturing are the top three causes of defective medical products:
- Poor design: When medical products are designed, they must be carefully thought out. The entire design and process must be established. If there is an issue with the design of the medical product, the fault will be present in every single unit produced.
- Substandard materials: The individual pieces which make up the medical product must be of the highest quality. Unfortunately, some manufacturers choose cheap materials to increase their profit margins. This can lead to medical device failures.
- Bad manufacturing: Sometimes, there is an error in the manufacturing process. This occurs when one item is not correctly manufactured. This often only affects one item or just a few.
What Should You Do if a Medical Product Has Been Recalled?
If a recall has been issued, that means the company or a government agency has found a serious issue with a medical device. Companies may issue voluntary recalls. The government may issue a recall as well, with or without collaboration with the company that manufactured the medical product.
Medical devices are often critical to a person’s ability to live. Recalls can put you in serious pain and also lead to additional health problems. Even if your medical device is not on a recall list but you are experiencing issues, you should take the following steps:
- See your doctor. If there has been no recall but you are experiencing issues, do not wait. Go see your doctor immediately. If a recall has been issued, do not wait for your doctor to reach out to you. Call them right away to discuss the next steps and what you need to do to be safe.
- Contact your health insurance company. Whether a recall is issued or you are having problems with a medical device, you want to alert your insurance company. Not only do you want to know what is covered under your policy, you need to determine what additional medical treatment you may need.
- Speak with a medical products liability lawyer. Defective medical devices pose a substantial risk to your health. If you have been injured by one or if there has been a recall on a device you use, speak with a medical products liability lawyer about your legal rights and options. You may be entitled to compensation.
Medical Products Liability
When a medical device is defective, you can file a medical products liability claim for one or more of the following:
- Manufacturing defect: A medical products liability claim alleging manufacturing defects has to show that the medical product was improperly manufactured or reached you in a damaged state. The defect can occur at any point between the place it was manufactured and when you received the medical device.
- Design defect: A medical products liability claim alleging a design defect must show that the medical product is somehow unreasonably dangerous. The manufacturer does not have to be aware of this danger, though in many cases, companies are and do nothing. You need to show that the medical product is dangerous when used as intended.
- Failure to warn: Manufacturers of medical products have a duty to warn consumers of potential dangers. Many medical devices have side effects, but as a consumer, you are required to be made aware of those potential hazards so that you can make informed decisions about your health. If a warning was not made or instructions about how to use the medical device were not provided, the manufacturer may have violated this duty.
This is a complex area of the law. This is why it is in your best interest to speak with a lawyer about your legal options. When a medical device fails, it is not always immediately clear as to why.
Making a determination will require an intense investigation into your specific situation. This may require the use of medical experts who can work with your lawyer to determine exactly how your medical device became defective.
If successful, you may be able to get compensation for the following:
- Pain and suffering.
- Emotional distress.
- Lost income.
- Lost earning potential.
- Present and future medical expenses.
Depending on the specific medical device and the additional injuries it has caused you, your financial recovery could be substantial. While your sole focus is your health and well-being, your lawyer can work to recover compensation for you so you can focus all of your time and effort on getting better.
Philadelphia Medical Device Lawyers at Brookman, Rosenberg, Brown & Sandler Can Help You if You Have Been Harmed by a Faulty Medical Product
Medical products are intended to make you feel better, not worse. When a defective medical device harms you, you may be entitled to compensation. To explore your legal options, speak with one of our Philadelphia medical device lawyers at Brookman, Rosenberg, Brown & Sandler today. Call us at 215-569-4000 or contact us online to schedule a free consultation. Located in Philadelphia, we serve clients throughout New Jersey and Pennsylvania, including Delaware County, Chester County, and Philadelphia County.
