Defective medical devices are those devices that are implanted into the body, and later break down, fail to work as promised, or cause side effects. Because these devices are installed surgically, typically a second revisionary surgery is required to remove or replace them. Spinal implants, knee and joint replacements, and surgical mesh products are the types most likely to cause significant side effects and injuries when they fail. Usually, the manufacturer of these products is sued for defective design when the problems with their device come to light. It may take years for these products to fail, and sometimes the damage they cause within the body isn't discovered until it progresses to serious injury or even death.
The FDA regulates medical devices implanted in the body. When numerous cases of similar injuries from the same type of product are reported, the FDA may act to issue a device recall. Similar to an automobile recall, the victims usually need to have the defective device removed and replaced. This can result in additional surgery, hospital and recovery time, pain, and expense. The company that manufactured the device can be held liable for all these costs, as well as additional damages and compensation owed to patients. Some of these device manufacturers choose to settle directly with the injured victims, others proceed to jury trials to determine if they are at fault and what compensation is owed. If you or a loved one has been hurt by a medical device, submit your case details for review by a licensed attorney. Patients represented by legal counsel can have their claims heard by the company responsible, or a court of law, and get the compensation they deserve for their suffering. You should always consult with an attorney, prior to reaching any type of agreement with a device manufacturer or medical professional, to review your claim and help you recover compensation for your injuries.