Defective Medical Devices Can Lead to Serious Injuries
Medical device cases are complicated cases involving faulty medical products or devices. For example, dangerous medications, and medical and surgical supplies. Any time products are marketed for public consumption and are subsequently deemed unsafe and cause injury, there must be accountability.
Some people with serious health issues need to rely on medical devices, such as hip replacements, knee replacements, and defibrillators. A patient should be able to trust this device was designed and manufactured with care to help patients with severe medical conditions. However, some mistakes in the designing and manufacturing process can lead to defective medical devices that can cause more harm to the patient.
If you received harm from a defective medical device, you should contact a product liability lawyer. They specialize in holding negligent parties involved in the distribution chain responsible for their actions that resulted in the defective medical device hitting the market. The product liability lawyers at The Russo Firm have decades of experience in helping defective medical device victims pursue compensation from the at-fault party’s insurance company.
Current Medical Device Cases We Are Investigating
The Russo Firm is currently investigating the following Defective Medical Devices for injuries caused by their use:
- CPAP Machines
- Hernia Mesh
- Exactech Knee and Hip Replacements
- Intrauterine Devices (IUD) and NuvaRing
- Defective Defibulators
The Russo Firm has achieved successful results for our clients on the following Defective Medical Devices
- Depuy Hips
- Medronic Defibrillators
- Stryker Hips
- Transvaginal Mesh
- Surgical failures(Recalled)
- Defective wires caused deaths
- Surgical failures(Recalled)
- FDA usage warning
- IVC Filters
Why Choose The Russo Firm for Help With Your Defective Medical Devices Claim?
Product liability claims can be difficult for regular civilians without law backgrounds to handle. On top of the complicated legal procedure, the manufacturers, designers, distributors, and sellers you could be pursuing compensation from have vast resources and determined lawyers that will do everything in their power to limit your settlement.
The product liability lawyers at The Russo Firm have experience in product liability law and handling insurance companies trying to keep their profits up rather than give a fair settlement. We prioritize our clients getting fair compensation by providing personalized attention catered to their specific cases. You don’t want a “one size fits all” approach to pursuing compensation; you want a product liability lawyer who will constantly communicate with you and evolve their legal strategy based on what your case requires. Contact The Russo Firm today for a free consultation to hear how our product liability lawyers can help you.
The Russo Firm Case Results
Those who received further damage from defective medical devices need a product liability lawyer that can get results. At The Russo Firm, we pride ourselves on getting fair compensation for our clients by never settling for the first settlement offer.
Insurance companies will throw out settlement offers that may look big to victims but, in reality, will not cover the full cost of damages. Our product liability lawyers can help assess damages caused by the defective medical device and determine how much compensation you require to pay for them all. We will not accept a settlement just to get the case over with. Our goal is to get our clients fair compensation, even if that means taking the case to court.
The following are some of the case results The Russo Firm has earned for clients:
- $2.4 Million for Medical Malpractice Misdiagnosis
- $2 Million for Wrongful Death Trucking Accident
- $1.75 Million Product Liability Jury Award for Crushed Hand
- $650 Thousand Automobile Accident Jury Award for Reconstructed Knee
Defective Medical Devices Affect Millions of People
Medical devices are intended to ease the pain of a prior injury. These medical devices should supplement some level of functioning that your body cannot provide. A defective medical device not only will not provide that function that your body needs, but it can also cause further damage that you will need to contend with.
Between 2008 and 2018, the Federal Drug Administration (FDA) reported more than 1.7 million injuries and 83,000 deaths due to defective medical devices. During that period, the FDA received more than 5.4 million reports of complaints regarding defective medical devices. They have addressed this problem by issuing recalls of millions of medical devices every year.
Defective Medical Devices Injuries and Medical Conditions
Some examples of medical devices include surgical instruments, prosthetics, implants, and pacemakers. As you can tell, these devices are vital for a person struggling with a severe medical condition, so a defective device reaching the market can exacerbate that issue and cause new ones that can make their medical condition even worse.
The following are some of the injuries caused by defective medical devices:
- Hearing loss
- Heart attacks
- Nerve damage
- Bone fractures
- Organ loss
- Permanent disabilities
Defective Metal-on-Metal Hip Replacement Damages
A hip replacement is generally required when the hip joint is worn down or damaged enough to limit a person’s mobility. Arthritis is the most common medical condition that can lead to hip joint degradation, as it causes swelling, pain, and stiffness in many joints.
Issues can arise with hip replacement surgery if the healthcare professional uses a metal-on-metal hip replacement. This means the implant has a metal ball joint and socket, which can rub against each other and cause metal flakes to be released inside a person’s body.
These metal fragments can cause severe damage to nearby bones and muscles, leading to significant pain. Metal-on-metal hip implants can also release metal ions into the bloodstream that can cause metal poisoning.
Metallosis Caused by a Defective Metal-on-Metal Hip Replacement
Metallosis is a metal poisoning condition caused by the buildup of metal debris in the bloodstream, bones, and tissue of the body. This can result in damage to the bone and tissue surrounding the hip implant, possibly causing irreparable damage. Exposure to metal can also affect the functioning of organs, such as the brain, heart, eyes, etc.
The following are some symptoms of metallosis:
- Hip pain
- Groin pain
- Reduced mobility and flexibility
- Heart irregularities
- Skin rashes
Damages Caused by Defective Knee Replacements
Following a severe knee injury or arthritis, you may need a knee replacement to restore functioning and mobility. Although these replacements should function for 15-20 years, some people have problems with knee implant failure that can cause further damage.
Knee replacement failure happens due to wear and tear, loosening of the implant, infection, instability, leg fractures, and stiffness. Some of the symptoms that can indicate you have a defective knee implant include severe pain, reduced mobility, decreased joint functioning, knee instability, and swelling of the knee joint.
If you have a defective knee replacement, you will need to undergo revision total knee replacement, a surgery made to correct any issues with the knee implant. Surgery can be expensive, so make sure to contact a product liability lawyer to help you pursue compensation to pay for surgical costs.
Exactech Knee and Hip Replacement Device Recalls
There have been multiple recalls of knee and hip replacement devices for products created by companies such as DePuy, Zimmer-Biomet, and Stryker. However, the most significant recalls were from the manufacturer Exactech. Their medical devices have polyethylene inserts, which have been reported to cause premature wear for the hip and knee implants.
These polyethylene inserts wear prematurely because of an issue with the packaging. They need to be stored in vacuum-sealed bags to prevent degradation due to oxidization. Oxygen diffuses the plastic material, with the wearing down of the inserts exposing users to significant health risks. These health risks include bone loss, pain, osteolysis, loss of range of mobility, and accelerated wear debris production.
Since June of 2021, Exactech has recalled devices affected by this polyethylene inserts packaging issue, such as the MCS Hip System, Novation GXL, and Acumatch GXL. As of February 2022, the FDA classified this as a class 2 recall affecting about 150,000 units since 2004. If you received harm from an Exactech hip or knee replacement, contact a product liability lawyer to determine your options for pursuing compensation for damages.
Defective Intrauterine Devices (IUD) and NuvaRing Can Cause Injuries
Intrauterine devices (IUDs) and NuvaRing are used as effective birth control for women. Although these contraceptives can help prevent pregnancy, they can also cause damage that can lead to catastrophic side effects.
An IUD can perforate the user’s uterus wall and migrate out into the abdominal cavity. This can cause significant pain that requires surgery to heal. NuvaRing users have reported blood clots in the legs and lungs, which can put a person’s life at risk.
Merck, the manufacturer of NuvaRing, has come under fire for claims that they did not test the product properly prior to sales, leading to the severe health consequences suffered by users. They also failed to mention the risk of blood clots. Manufacturers of women’s contraceptives like IUDs and NuvaRing can be held responsible for defective medical device damages in a product liability claim.
Damages Caused by Defective Defibrillators
A defibrillator is a device that can regulate abnormal heartbeats by sending a shock through a wire called a “lead.” However, some defibrillators have thin leads that can break and cause health issues for the user. It can cause issues with the defibrillator’s reading of the heart and potentially send a lethal electrical shock to the heart.
Due to the risk of cardiovascular issues and possibly death, Medtronic has issued recalls for their defibrillators. The FDA has approved this recall, as well as warning many types of defibrillators can cause similar injuries to users. If you used a defective defibrillator, you can hold the manufacturer liable and pursue compensation with the help of a product liability lawyer.
Who Can Be Liable for Damages Caused by a Defective Medical Device?
In most cases, defective medical devices fall under product liability law, which is meant to hold companies in the distribution chain accountable for mistakes that lead to a defective product hitting the market. Negligence in any part of the process, including designing, manufacturing, and selling, can lead to a defective product harming someone.
The following are the parties likely to be held accountable for damages caused by a defective product:
- The designer who designed an unsafe product
- The manufacturer who made mistakes in production that caused the product to be defective
- The distributor who purchased a defective product from a manufacturer and sold it to hospitals
- The retailer who sold a defective product to consumers
Can a Healthcare Professional Be Held Liable for Using a Defective Medical Device?
Although you may think that a healthcare professional can be held liable for using a detective medical device, it is very unlikely for them to share liability. This is because most healthcare professionals will not assume that a medical device is defective before using it. Without a reason to assume a medical device defect, the healthcare provider cannot be held liable for a medical malpractice claim.
However, if they could have known the medical device was defective or they made a mistake in the surgical procedure, they could share liability. This is a very rare case, and most cases have a designer, manufacturer, seller, or distributor liable for a defective medical device.
Filing a Product Liability Claim for Damages Caused by Defective Medical Devices
If you received harm from a defective medical device, you could pursue compensation for damages by filing a product liability claim. These types of claims hold manufacturers, designers, sellers, and distributors liable for their negligence leading to a defective product being available.
The following are the three most common types of causes for a product liability claim:
- The design is defective
- The product has a manufacturing defect
- There was a failure to warn
Your product liability will have to prove that one of these three conditions was met, and you received harm as a result. Hiring a product liability lawyer can help with this process, as they know what evidence can best prove your case to recover compensation for damages.
Damages Caused by Defective Medical Devices
Damages are losses that you sustained as a result of a personal injury, which you can pursue compensation for in a personal injury claim. A defective medical device can result in damages associated with medical bills, lost wages, and pain and suffering.
There are two common types of damages in a personal injury claim:
- Economic Damages: These are damages with a monetary value or bill attached to them. These can include medical bills, surgical costs, hospital costs, lost wages, lost earning potential, and home modification costs.
- Non-economic Damages: These are intangible costs, meaning they do not have a bill attached. Non-economic damages normally encompass how you have suffered due to a personal injury. They can include pain and suffering, loss of consortium, loss of enjoyment of life, and mental anguish.
How Can a Product Liability Lawyer Help With Your Defective Medical Devices Claim?
The company responsible for a defective medical device will have a powerful insurance company and lawyers to combat any product liability claim. You need someone in your corner with the resources and experience necessary to process the product liability claim efficiently and effectively. Hiring the right product liability lawyer could be the difference between fair compensation and not knowing how you will pay for the full cost of your damages.
Your product liability lawyer will be able to help by assessing your damages, drafting a demand letter, collecting evidence to prove your case, negotiating a settlement with the at-fault party’s insurance company, and representing you in court. You need a product liability lawyer with experience to handle these complicated claims process procedures. Look no further than the product liability attorneys with decades of experience at The Russo Firm.
Contact The Russo Firm for Help With Your Defective Medical Devices Claim
Defective medical devices can compound the issues in a severe medical condition. You still have the original issue you need a medical device for, and you also have to contend with further harm caused by the defective medical device. Victims deserve legal counsel that places their thoughts and concerns first in this stressful time.
The product liability lawyers at The Russo Firm have the experience necessary to negotiate settlements with insurance companies to help you receive fair compensation for your damages. When you work with one of our product liability lawyers, you will receive strategic, dedicated advocacy that places your needs above anything else. We will protect your rights as we work toward getting compensation for defective medical device damages.
At The Russo Firm, we offer free consultations to personal injury victims to learn how we can help with your case. If you suffered damages from a detective medical device, contact us at 844-847-8300 or leave a message on our online contact page.