The majority of medical devices sold and used for the care of patients in California work well, providing lifesaving advantages and helping people regain their ability to live fulfilling, independent lives.
However, some medical device manufacturers do not put the well-being of their patients and customers first. Instead, they rush unsafe products to the market, hoping to cash in on improperly tested products. Once patients begin suffering health problems related to the device the manufacturer becomes liable to personal injury lawsuits.
If you or a loved one was injured as a result of a defective medical device, you may be eligible for compensation for damages and losses incurred. Call Pintas & Mullins Law Firm today at (800) 794-0444 for a free consultation.
Types of Medical Devices That May Fail
Medical devices are available in a variety of formats, attempting to solve many health problems. Some such devices work outside the body, measuring different health aspects, such as blood pressure.
Other types of these devices go inside the body, which means a failure with this type of product is especially dangerous to the health of the patient. Some of these types of devices include:
- Pacemaker to regulate heart rhythm
- Heart defibrillator
- Artificial knee
- Artificial hip
- Artificial leg or arm
- Any metal plates or screws to help with the healing of bones
- Birth control implants
- Hernia mesh
- Automatic medication pumps
- Breast implants
Let Us Fight for Your Rights
If you were injured as a result of a faulty medical device, you may consider consulting with a Los Angeles defective medical devices lawyer.
No victim of a malfunctioning implant or a poorly designed health device should have to pay for his or her medical bills related to the additional, unnecessary injury. The team at Pintas & Mullins Law Firm can help determine the at-fault party and hold them responsible. Contact us today for a free evaluation.
Safety Testing for Medical Devices
According to Consumer Reports, the testing phases required for a medical device, even one that goes inside the body through an implant, have a far less rigorous set of standards to reach than the testing for prescription drugs. This can lead to mistakes in the design phase of these products, as they do not receive a thorough enough testing to find all design or manufacturing errors.
The U.S. Food and Drug Administration (FDA) oversees rules and regulations related to the labeling of medical devices, which includes instructions on how to use the product, as well as any advertising the product undergoes. Violations of these labeling regulations could result in a product failing to receive approval for sale.
Recalling a Medical Device Product
After a medical device product releases to the public, doctors may discover that the device is causing significant health problems for patients. This may cause the FDA to issue a recall, which can take on one of two forms, including:
- Correction: where the FDA requires the manufacturer of the defective medical device to make repairs to it, such as by issuing new software or replacing a defective part.
- Removal: where the FDA requires the manufacturer to pull the product from the market.
Either type of recall could occur for a device that is found to be defective, that uses unsafe materials, has a design that can cause significant health dangers, or that has multiple usage problems. The FDA maintains a database of medical devices that are under recall. Doctors and patients should regularly check this database to see if a device they have used is under recall.
It is also possible that the manufacturing company will choose to issue a recall on its own, should it find something dangerous about a particular product.
For a free legal consultation with a defective medical devices lawyer serving Los Angeles, call (800) 794-0444
What Do I Do if My Medical Device Has Been Recalled?
After the FDA or the manufacturer issues a recall, the patient and his or her doctor will need to determine the best steps moving forward.
Fixing an Error
Should the FDA and the manufacturer determine the best way forward is to fix the malfunctioning part on the medical device or to upload new software to the device to fix a problem, your doctor may suggest following this route.
For a medical device implanted in the body, this could mean the patient will need to undergo an additional surgery to fix the problem.
Removing or Replacing the Device
In other cases, the manufacturer and the FDA may recommend removing the device from your body. You may need to replace the device with another brand or model, or the manufacturer may have issued a replacement device that a doctor can implant in place of the malfunctioning one.
It is also possible that the doctor will recommend not replacing the malfunctioning device after its removal, should a suitable and safe replacement product not be available.
Leaving the Device Implanted
In some cases, you and your doctor may decide to do nothing, leaving the malfunctioning device in place. It may be a greater risk to your health to try to remove or repair the device, rather than leaving it in place inside the body.
Regardless of how you and your doctor choose to proceed, any time the manufacturer or the FDA issues a recall for a medical device, this is a key piece of evidence that can help build a strong personal injury claim against the maker of the medical device.
Los Angeles Defective Medical Devices Lawyer Near Me (800) 794-0444
Seek the Help of a Los Angeles Defective Medical Devices Lawyer
The team at Pintas & Mullins Law Firm believes victims of dangerous medical devices should not have to suffer financially because of the negligence of another party. We believe the party that made the error should pay for your pain, suffering, and medical bills in a fair settlement or court award.
We do not shy away from the tough cases. Our attorneys work on a contingency fee basis, meaning you pay nothing out of pocket and nothing up front. Our payment comes from the final settlement we secure for you. Contact us today at (800) 794-0444 for a free consultation.