Defective Medical Devices
The purpose of a medical device is to help the patient, and all products have risks. However, a medical device manufacturer has a duty to make a reasonably safe product. Simply put, the benefits must outweigh the risks. A device manufacturer may be held responsible for defective manufacturing, negligent design, and failing to warn of serious risks they knew about but didn’t disclose. They may also be held accountable for failing to following FDA rules.
With over 31 years of medical device experience representing thousands of clients, national leadership, and a strong record of obtaining substantial settlements for our clients, GoldenbergLaw and our defective medical device lawyers in Minneapolis are here to help you recover physically, emotionally, and financially.
Defective Medical Device Quick Facts
The FDA approves medical devices for sale, but it does not guarantee that a particular product is safe. Medical device defects are often categorized as either design defects (which are part of the basic design of the product, including the marketing and warnings), or manufacturing defects (which occur as an unintended consequence of the manufacturing process such as contamination). Whether a claim is based on strict liability or negligence depends on the type of defect involved and the warnings that were given (or not given). The type of FDA approval process will often determine whether litigation is allowed under the law. We can usually tell you this in the initial phone call.
While competition can fuel innovation, it also can lead medical device companies to design products quickly and rush them to market. This can sometimes lead to design flaws. Additionally, if a device is similar enough to an existing model, the FDA allows a fast-track approval process that can miss key dangers.
While the government requires drug and medical device manufacturers to perform adequate tests on their products, there are ways to bypass more stringent testing — and medical device manufacturers know all the tricks to get a product to market. Flaws in making the product and contaminations are all theories we will fully investigate with our national experts.
Manufacturers of medical devices have a legal duty to follow the FDA label and to warn doctors of potential risks associated with their products. The risks must also be updated when manufacturers learn of new additional risks even after FDA approval. We have succeeded in cases where manufacturers have over-promoted the product to doctors and failed to discuss the real risks of using the product.
Depending on the device, the injuries that you suffered from a defective medical device can be wide-ranging. However, not all injuries are physical. There are also emotional and financial damages that a defective medical device can cause.
The liability for injury caused by a defective medical device depends on the individual facts of your case. GoldenbergLaw does its research on the science before we take any case. The medical literature, case reports, or reports to the FDA may all help us prove your case. We then consult with top medical and scientific experts to understand the defect in the product and how we will prove it. This research allows us to formulate a criteria that all cases must meet for us to proceed.
The best way to determine who is liable for your injury and if you meet this criteria is through a one-on-one consultation with a medical device lawyer in our Minneapolis office. Here are some cases that we can help you with:
A warming blanket used during surgeries that is alleged to spread contaminate air over open wounds – linked to deep joint infections and need for revision surgery.
Hernia mesh failing to integrate into patient’s bodies can cause migration, hernia recurrence, bowel obstructions, require removal surgery, and puncture organs, among other injuries. Some devices have been recalled.
Models include DePuy ASR, DePuy Pinnacle, Stryker Rejuvenate, Stryker ABG II, Zimmer Durom Cup, and others – linked to implant loosening, pain, high metal levels in blood, and need for revision surgery. Some devices have been recalled.
A monitoring system used by patients taking Warfarin to measure the blood’s ability to clot. Recalled for giving inaccurate results potentially leading to an improper dose of Warfarin causing excessive bleeding, hemorrhagic stroke, and death.
Blood clot filters placed in the large vein leading to the heart – shown to migrate or fracture after a period of time and can puncture parts of the vein or other internal organs.
Models include the DePuy Attune and Zimmer Persona – linked to implant loosening, dislocation, and the need for revision surgery.
Insulin pump – linked to defects resulting in over or under delivery of insulin leading to serious illness and/or death.
Your consultation is free of both obligation and charge, allowing you to ask questions freely and gain a full understanding of your options.Do I Qualify?
What Our Clients Are Saying
“I wanted to write you a short note to express my sincere thanks for your efforts on my case. It was greatly appreciated and I am very grateful for your help. It was a long and difficult struggle and I am sure without your help I would not have had any success with them. You are a real professional.”
– Scott M.
What Our Clients Are Saying
“I just don’t think that there are words to express my gratitude for all you have done for Rey and me. It is not often in life that one gets a second chance, a “do-over.” Nothing will ever replace “…” but with your persistence and hard work a settlement was received and for that Rey and I are extremely grateful.”
– Anne N.
What Our Clients Are Saying
“Thank you again for your outstanding work on my case. I’ll never forget how much you helped me!”
– Barbara A.
Why Choose GoldenbergLaw?
If you have any questions, or if you would like to speak with an attorney regarding your defective medical device injury, please do not hesitate to call our medical device attorneys at our Minneapolis office toll-free at 800-903-1643. If you prefer, you may fill out the form on the Contact Us page of this web site, and a representative from our office will be in touch with you shortly. Call us. You will sleep better.
Thousands of Successful Settlements
Comprehensive Knowledge of Complex Issues
Focused on Client-Centered Solutions
Meet Your Defective Medical Devices Team
Have a potential client we could help?
Call us. You’ll sleep better.