As consumers, we expect the products that we buy will work in the manner intended. When we are injured by a defective product, we have certain rights under the law.
We have the right to sue the manufacturer for causing us harm, and if liability can be proven, we can potentially receive compensation for damages.
Product liability cases can involve any item, but medical devices commonly cause consumer harm. It is ironic, given that these devices are meant to save lives. Instead, they may sometimes cause serious injuries, lifelong pain and suffering, and even death.
Common Defective Medical Devices
While prescription drugs are often considered defective, there are many other devices that fall under this category. There have been many lawsuits against manufacturers of hip implants, prosthetic knees, breast implants, heart stents, hernia mesh, vaginal mesh, and surgical tools. These devices can cause pain and suffering, disfigurement, subsequent surgeries, organ puncture, organ failure, heart disease, urinary incontinence, autoimmune disorders, cancer, infections, sepsis, mobility issues, paralysis, and even death.
Types of Product Liability
There are three ways a medical device can be proven defective:
- Manufacturing defect: This is when the product developed a defect during the manufacturing process. For example, if a doctor was using a surgical tool for the first time and it suddenly broke apart inside the patient during surgery, that would most likely be a manufacturing defect.
- Design defect: This is when a product is defective based on its design. For example, if a hip implant has injured thousands of patients because the screws are known to come out unexpectedly, this would be a design flaw.
- Marketing defect: This occurs when the manufacturer advertises the product in a way that is deceiving. The instructions may be unclear or the manufacturer might not mention hidden dangers. For example, manufacturers sometimes hide the fact that drugs often have serious side effects, such as heart attack or stroke.
To prove liability, the following elements must be present:
- You used the product properly. You used your wheelchair as intended and did not roll it down a hill or have your car run it over.
- The product had a defect. Your breast implant leaked fluid inside your body.
- You were injured by the defect. A birth control device moved outside the uterus and punctured your organs, causing pain and requiring surgery.
Taking Legal Action
If you or a loved one was injured by a defective medical device, it is important to hold the manufacturer accountable. By taking legal action, you are showing them that you will not allow this type of harm to continue.
The Vineland, NJ law firm of Rosner Law Offices, P.C has experience handling these types of cases and has the resources available to help you achieve a favorable outcome. Contact our office today at (856) 502-1655 to schedule a free consultation.