Today’s healthcare technology would sound like science fiction to previous generations of Americans. Every day, patients are given new body parts made of stainless steel, battery-powered devices that regulate their heartbeat, and devices that mimic human tissue to aid in recovery from surgeries. As accustomed as we are to these innovations, we still might find ourselves asking “How safe are these products?”
Though many of these cutting-edge biotech innovations will help more than harm, an alarming number of medical devices pose a real threat to patients. The rapid advancement of technology, the inability of regulators to screen every product, and the lure of big profits for manufacturers are just a few of the reasons that so many defective medical devices reach consumers in the United States, including here in Texas.
If you’ve suffered harm from a faulty medical device, you have legal options. If a manufacturer sells a defective device that causes consumers harm, they can be held accountable through product liability claims. At Terry Bryant Accident & Injury Law, we have years of experience holding companies accountable for the harm they cause our clients. If you’d like to learn more, contact us today.
Defective Medical Devices – A Serious Problem in the U.S.
When someone is harmed by a medical device, they often wonder how this could have happened. Most people assume that oversight agencies like the Food and Drug Administration (FDA) are equipped to review products used in healthcare. However, manufacturers of medical devices know that there are shortcuts to having their products cleared by the FDA.
For example, if you manufacture a hip replacement device and you can show that your product is “substantially equivalent” to another hip replacement that’s already been approved by the FDA, your product can be fast-tracked for approval. It’s called “Premarket Notification” or the “510(k) Process”, and it has been a major concern among medical device safety advocates. It allows manufacturers to bypass intense scrutiny and get their products on the market quickly.
Examples of Defective Devices
- Hip replacements – Some hip replacement and hip replacement parts have been subject to recalls and lawsuits because of the dangers they pose to patients. Stryker hip implants and the DePuy hip implant systems are two high-profile, ongoing cases that we are investigating.
- Knee replacements – Products like the Zimmer knee replacement have been the basis of hundreds of lawsuits because of the harm they cause hip replacement patients. These devices can lead to severe injuries and further surgical procedures.
- IVC filters – IVC filters are implanted into patients to catch blood clots. Unfortunately, several types of IVC filters have been shown to be extremely dangerous, especially when left in patients longer than intended.
- Mesh failures – Mesh is used in a wide range of surgical procedures, and it comes in many different forms. Some types of mesh, including certain lines of hernia mesh and transvaginal mesh (TVM), have been shown to cause significant health complications in some patients.
This list represents only a fraction of harmful medical devices that make it onto the market and go on to cause considerable harm. Other examples include the Stockert 3T Heater Cooler, Da Vinci Surgical Robots, and the Mirena intrauterine device (IUD).
What is Product Liability?
When a company sells dangerous products to consumers, they are responsible for the injuries caused by those products. That is the guiding principle behind product liability law. These cases are typically complex, and they require both a working knowledge of product liability law and the resources to stand up to the interests of large medical device manufacturers. While those factors might intimidate someone from filing a claim, it is vital for consumers to understand that they don’t need vast resources or knowledge of product liability and medical devices – they simply need an attorney who does.
At Terry Bryant Accident & Injury Law, we have the experience, skills, and resources to help get our product liability clients the compensation they deserve.
Why Do People File Claims Over Defective Medical Devices?
These claims are often filed by people who have suffered serious injuries and endured traumatic experiences because of a faulty medical device. They see their initial medical condition worsen and sometimes suffer new complications because of the device. This can mean steep medical bills, lost wages, a diminished quality of life, and extensive pain and suffering. A product liability claim enables injured patients to be compensated for these damages, in addition to other consequences they experience.
You might have questions about defective medical devices or how your situation might involve product liability law. We encourage you to reach out to our firm to schedule a free consultation. We are happy to meet with concerned consumers to discuss their legal issues. We also offer a No Fee Guarantee to ensure that our clients owe us nothing if we don’t win their case.
To schedule a free consultation with Terry Bryant Accident & Injury Law, contact us today by filling out our online contact form or giving us a call at 1 (800) 444-5000 or locally in the Houston area at (713) 973-8888.
Infographic: How Medical Devices Harm Patients