DEFECTIVE MEDICAL DEVICE

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Dangerous Medical Devices

The Food and Drug Administration (FDA) is supposed to regulate the safety of drugs and medical products, including medical devices. Most people assume the agency requires manufacturers submit to a rigorous process before a medical device can be put on the market.

But for many medical devices – that would be a false assumption.

Consumers would be amazed how many medical devices have been grandfathered in by the FDA without any rigorous scrutiny for safety. Other Class I and II medical devices are approved under a flawed FDA loophole (510k), allowed to claim they are “substantially equivalent” to devices already on the market, even though they may include new materials and design.

The FDA’s own web site says “Only a small percentage of 510 (k) s require clinical data to support a marketing clearance by the Food and Drug Administration.”

It is ultimately the consumer who provides the data for safety after the defective medical device is already in the marketplace.

There Has Been Many Medical Devices That have been Recalled

The news has been full of stories about “pain pumps” that deteriorate shoulder cartilage, hip and knee implants that are defective, and the defibrillator leads that malfunction and lead to dangerous shocks to heart patients.

Among defective medical devices that have been approved, recalled, or are under investigation:

  • St. Jude defibrillators
  • Ortho-Evra birth control patch
  • Transvaginal mesh
  • Kugel Hernia Mesh
  • Boston scientific infusion ports
  • Lifesite dialysis
  • Fentanyl patch
  • Latex gloves
  • Implantable contraceptives and intrauterine devices
  • Prostheses
  • Silicone implants
  • Respiratory devices
  • Contact lenses and dental care product
  • Laser and orthopedic tools

What Patients Need to Know

You would be well-advised to do your own investigation in case you need an implanted medical device or work with an Anaheim defective medical device attorney.

In early 2009, some within the FDA blew the whistle on the medical device approval process to President Obama. They felt many medical devices were being approved at the urging of manufacturers and with very little critical oversight. The approval process has seriously failed the public, they said, and these problems will not be fixed by anything other than an overhaul of the approval process, rooting out conflicts, and unethical practices.

File a Defective Device Claim in California

A product liability lawsuit can name the designer of the device, the manufacturer, the pharmacy, the distributor, and retailer. Your treating physician can also be sued for malpractice.

At Mashney Law we’ve brought design defect claims charging that the individual would not have been victimized if the device was designed correctly and was not “unreasonably dangerous.” Claims have also been brought that the maker was negligent in the development and manufacture of the device.

The victim of a defective medical device may seek lost wages due to the illness that resulted from the device, and time out of work, both past and future. The loss of companionship and the emotional trauma of pain and suffering can be compensated, and the jury can opt to award punitive damages to punish the device designer or maker for maliciously or intentionally putting a dangerous device into the marketplace.

An action can also be brought against the physician who recommended and implanted the defective medical device.

Mass Tort or Class Action 

Medical devices that cause harm to many, including injury, damage, and death, can be pursued by mass tort claims. Mass torts are filed when an unscrupulous corporation disregards the public and puts into the marketplace a medical device that does harm.

A mass tort is unlike a class action because each person has his own claim, even though the court has grouped them as a whole.

You can also pursue a class action in which a few people represent a larger group with similar injuries.

Contact Our Anaheim Defective Medical Device Attorneys

If you have suffered an injury, you may opt to purse an individual lawsuit. Please contact a personal injury attorney at Mashney Law today at (714) 535-5090 for a free consultation. We may be able to help you receive compensation for your defective medical device injuries.

You can also pursue a class action in which a few people represent a larger group with similar injuries.