Numerous advances were made in medical care over the last several decades. Some of these advances include the development of new medical devices. While many of these devices have saved lives and improved quality of life, some have caused disastrous consequences.
Devices have failed, malfunctioned, and in some cases caused more problems than they solved. Oftentimes, this is due to a lack of proper testing and haste on the part of the device’s manufacturer. If you or a loved one were negatively impacted by a medical product, a defective devices lawyer may be able to help you seek compensation for your injuries.
Defining a “Device”
According to the Food and Drug Administration (FDA) and 21 U.S. Code §321, a device is “an instrument, apparatus, implement, machine, contrivance, implant, in vitro reagent, or other similar or related article, including a component part or accessory.” It must also be used for the diagnosis of disease or another condition, or to treat or prevent disease in humans or animals.
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Common Defective Medical Device Recalls
Devices are often defective due to the negligence of someone involved in the product’s production or distribution. Medical devices which are commonly recalled include:
- Pacemakers that failed to regulate proper heart rhythm
- Pain pumps or insulin pumps
- Heart valve implants that leak or break, resulting in the need for repeated surgeries or even death
- Improperly sterilized gynecological devices that can cause infection, infertility, or miscarriages
- Breast implants or any devices that can cause damage to the immune system
- Birth control devices such as an IUD that can migrate to other areas of the body, causing severe damage to organs and heavy bleeding
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Covering Up Problems and FDA Recalls
A recall is a way of removing or correcting problems that are violating FDA laws. When a manufacturer discovers or suspects that a device is defective, it is not only expected by the general public but also mandated by 21 U.S.C. §7 that they do the right thing by issuing a warning and recalling their product according to.
While most manufacturers will voluntarily act and issue a recall, some do not and instead try to cover up the problem with the product. They deny there are inherent problems with their device and keep the product on the market, often causing more patients to suffer.
When a device manufacturer refuses to issue a voluntary recall, the FDA can step in and issue their own recall as per 21 U.S.C. §810. Whether the recall was voluntary or involuntary, a lawyer experienced in defective devices may be able to help injured victims seek compensation.
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How a Defective Devices Attorney Could Help
Patients who are injured due to defective medical devices deserve to be compensated for their medical expenses, as well as any related physical and emotional anguish. Filing a claim against the neglectful manufacturing company could be an imperative step to getting what you deserve. Without doing so, you would more than likely never receive compensation from the device’s manufacturer.
If you are ready to seek justice for the pain, suffering, and additional medical expenses you have incurred, a defective devices lawyer may be able to help you. Call today to learn more about what a qualified attorney could do for you.
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