Defective Medical Devices

Minneapolis Defective Medical Device Attorneys

Holding Negligent Parties Accountable

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 follow FDA rules.

With over 31 years of medical device experience representing thousands of clients and a strong record of obtaining substantial settlements, GoldenbergLaw, PLLC and our defective medical device lawyers in Minneapolis are here to help you recover, physically, emotionally, and financially.

Defective Medical Device Quick Facts

Overview

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 during an initial phone call.

Design
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.

Manufacturing
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.

Marketing
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.

Injuries & Liability

Injuries

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.

Liability

The liability for injury caused by a defective medical device depends on the individual facts of your case. GoldenbergLaw, PLLC 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 criteria that all cases must meet for us to proceed.

Do I Qualify? If you think that you may have a case, reach out to one of our defective medical device attorneys in Minneapolis today. There is no charge and there is no obligation.

True Story

“Joe” worked at a local hospital as an EMT. In the past, he had injured his back and required a fusion. His doctor used a medical device to assist with this surgery. Unfortunately, Joe had a severe adverse reaction to the product and ultimately had seven additional surgeries. Joe contacted GoldenbergLaw, PLLC and found out that we represented hundreds of other injured clients on the same device. Our firm became the co-lead counsel on 850 cases litigated around the country. After three hard-fought years of litigation, Joe and the other clients were able to receive a confidential settlement for their injuries.

Medical Device Recalls

StrataMR Adjustable Valves & Shunts

In April 2017, Medtronic and the FDA issued a worldwide recall on Strata MR adjustable valves and shunts sold from February 22, 2017 to April 24, 2017. The devices can malfunction, causing headaches, nausea, vomiting, lethargy, coma, and death.

Zimmer Biomet Shoulder Replacements

In December 2016, Zimmer Biomet recalled its Comprehensive Reverse Shoulder Humeral Replacements implanted from August 2008 to September 2011. The devices were recalled after reports of higher-than-expected fracture and failure rates.

Zimmer Biomet Implantable Spinal Fusion Stimulators

On April 10, 2017 Zimmer Biomet issued a Class I Recall on its SpF® PLUS-Mini (60μA/W) & SpF® SpF XL IIB Implantable Spinal Fusion Stimulators distributed from March 28, 2017 to April 6, 2017. The device was recalled after finding that the device could release chemicals into the body that can be toxic to tissue and organs. A negative reaction to these chemicals can lead to chronic infection, long-term hospitalization, paralysis, and death.

FAQs for Defective Medical Devices

What can make a medical device defective?

A device manufacturer may be held liable for defective design, defective manufacturing, and/or failure to warn of serious risks they were aware of with the medical device but did not disclose. Medical device defects are categorized as either design defects or manufacturing defects.

What is a design defect?

A design defect is a defect that is part of the basic design of the product and renders the product unsafe for use.

What is a manufacturing defect?

A manufacturing defect can occur as an unintended consequence of the manufacturing process. Examples include contamination and flaws in making the product.

What should I do if I am injured by a defective medical device?

Being injured by a defective medical device is a scary experience, and the process of filing a defective medical device lawsuit can be complex. If you or a loved one have been injured by a defective medical device, contact the team at GoldenbergLaw, PLLC. We have over 30 years of experience litigating defective medical device lawsuits for thousands of clients and obtaining justice through settlements.

Should I accept a direct settlement from a device manufacturer if one is offered?

If you receive a direct settlement offer from a device manufacturer, contact the attorneys at GoldenbergLaw, PLLC. We will evaluate your case to review any offer and help you make the best decision possible.

What is a multidistrict litigation, & why is it used for defective medical device cases?

A multidistrict litigation (“MDL”) is a procedural creation where federal civil (noncriminal) cases throughout the country are transferred to one court. The establishment of an MDL is intended to reduce the burden on federal district courts, make litigation more convenient for all the parties involved, and promote overall efficiency by resolving common questions throughout the case that occur in large-scale defective medical device lawsuits. In order for the cases to be consolidated, they must have one or more questions of fact in common. Once the cases are consolidated, one judge manages the litigation during the pretrial and discovery processes. However, each case will be resolved based on its own merits.

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 (800) 504-0281. 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.

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