Medical Device Injuries and Malfunctions

The medical industry is a multi-billion dollar industry that profits off of treating people with the medical devices they manufacture. Unfortunately in their “profit before people” approach, they often push their devices to the public before testing them properly or do not adequately warn people of the dangers of the device. If these devices are defective or harmful, the injuries and illnesses that follow can be devastating and even fatal.

When an injury occurs from the use of a harmful medical device, the pain and suffering incurred, lost time at work and other damages are very stressful. If your loved one has wrongfully died due to a medical device, the suffering and mourning can be equally painful.

Having aggressive and compassionate attorneys to fight for the compensation you deserve will help alleviate some of that stress and enable you to move forward with your life while the attorney pursues damages for you or your lost loved one’s injuries.

At SMT Legal we fight for the maximum compensation including lost wages, lost future wages, medical bills, pain and suffering and other damages, in harmful medical device cases. From heart attacks to strokes, seizures, birth defects, kidney failure and ovarian cancer, these devices can cause serious illness and even wrongful death.

Our attorneys can help you decide whether to file a class action lawsuit, product liability claim or medical malpractice lawsuit. We will work toward getting the maximum benefits for your injury or illness.

What Medical Devices Are Regulated By the FDA?

There are going to be risks when it comes to any medical procedure or device used on or inside our bodies. Medical devices are used every day, and there are various classes of devices on the market. Each level of device faces differing levels of inspection scrutiny by the US Food and Drug Administration (FDA). Nearly all medical devices used in the US must be approved by the FDA before they can be used on patients.

There are three classes of devices that require inspection and approval by the FDA:

  • Class I devices. These are low-risk devices These devices are considered non-invasive and can include:
    • Bandages
    • Basic surgical instruments
    • Walkers
    • Wheelchairs
  • Class II devices. These are intermediate-risk devices These devices are considered moderately-invasive, though they do not necessarily have to be implanted inside a person’s body. Common Class II devices include:
    • Insulin pumps
    • IV infusion pumps
    • CT scanners
  • Class III devices. These are high-risk devices. Class III devices face the most rigorous inspections and are usually invasive, implanted inside a person’s body for life-sustaining purposes. Some of the most common Class III devices include:
    • Pacemakers
    • Spinal cord stimulators
    • Deep-brain stimulators
    • Heart valves

As you can see, Class III devices are riskier to patients due to their invasive nature. A Class III device malfunction will cause more serious consequences than a Class I device’s failure.

Studies have shown that defective medical devices have caused more than 80,000 deaths in the US from 2008 to 2018. Two of the leading injury-causing devices are metal hip implants and insulin pumps, both of which require prior FDA approval before use.

Victims of medical device malfunctions must often undergo extensive medical procedures to correct the problem and repair the damage done to their bodies.

Defective Medical Device Injuries

Makers of medical devices have a responsibility to ensure their products are safe and reliable and will not cause harm to patients. However, manufacturers are often found guilty of “profit over people” and allow faulty medical devices to be distributed without adequate testing for defects or issuing appropriate warnings. Manufacturers may also be found guilty of deceptive marketing.

If you feel that you have been injured or if your loved one suffered injuries or wrongful death due to a defective medical device, you may have cause for filing a product liability claim, medical malpractice claim or class action lawsuit.

Our attorneys can help answer your questions and determine the best option for your individual circumstances – contact us today for a free case evaluation. We do not accept any fees unless we win your case.

We can help answer your questions about any type of defective medical device, but below are some common types of faulty medical devices:

  • Hip Replacement Injuries
  • Transvaginal Mesh / Implants
  • Defective Defibrillators
  • Defective Knee Replacements
  • Defective Pacemakers
  • Faulty Shoulder Pain Pumps
  • Faulty Stents
  • Defective Diabetes Pumps
  • Other Medical Device Recalls
  • Other Defective Medical Products

You can find a list of medical devices that have been recalled by the Food & Drug Administration here.

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