Medical devices such as hip replacements, knee replacements, hernia mesh, transvaginal mesh, IUDs, pacemakers, and prosthetics have done wonders for the human body. But, when a dangerous or defective medical device causes you harm, you may have a viable product liability claim on your hands.
Although medical devices undergo rigorous testing before being used in corrective surgeries, unanticipated problems can arise. If you suffered complications after a surgical implant, a defective medical device lawyer can review your case and discuss your eligibility for compensation. Reach out to the seasoned legal team at Fleschner, Stark, Tanoos & Newlin today to get started.
Medical device manufacturers gain product approval by filing a 510(k) or a premarket approval application (PMA). A 510(k) alerts the FDA’s Center for Devices and Radiological Health (CDRH) that a device is equivalent to one already being marketed in the U.S. and that the applicant is seeking clearance to market a similar product. The FDA will approve a PMA if the applicant proves the new device is safe and effective.
If medical devices later cause complications for patients, the FDA can pull them from the market. Products can be dangerous or defective in their design, manufacturing, warning labels, and advertising, but most medical devices are found to be defective at the manufacturing level. For example, Bayer, a pharmaceutical giant that manufactures Essure permanent birth control devices, stopped selling Essure implants in the U.S. in December 2018. In September 2019, the FDA called for healthcare providers to cease using these products due to defects.
Essure was found to migrate to other body parts, causing perforation of the uterus and fallopian tubes. Unfortunately, many women required corrective hysterectomies due to this damage. The FDA continues to monitor women who have been implanted with Essure before the recall.
Other medical devices that have been linked to patient injuries include:
Patients implanted with dangerous products should contact our defective medical devices attorneys to learn more about seeking compensation for injuries.
In a defective product lawsuit, the manufacturer is asked to compensate patients who are injured by their products. In turn, the manufacturers will demand that these patients provide proof that it was, in fact, their product that caused the injuries.
Preserving evidence is essential. For defective devices that are outside of the body, such as prosthetic limbs, patients should set the device aside, so it can be closely examined. If the device was implanted, patients must request that, before corrective surgery, their surgeons save the defective device after it is removed and replaced. Additionally, many surgeons take detailed notes for medical files, and some even photograph the procedure.
While the way a lawsuit is handled depends on whether medical negligence or a defective product caused you harm, ultimately, the outcome remains the same. At Fleschner, Stark, Tanoos & Newlin, our attorneys will fight to see you compensated for your medical bills, pain, emotional trauma, and lost wages.
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The financial burden that often comes with a serious injury can be too much for many people to bear. Unexpected medical debt, damaged personal property, and the sudden loss of income can impact the budgets of most families. The good news is that a successful injury claim could help reduce that financial strain after a serious accident. Get in touch with a Terre Haute personal injury lawyer with Fleschner, Stark, Tanoos & Newlin to learn more.
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