Defective Medical Device

Many modern medical devices have helped people live longer and healthier lives by allowing them to survive health issues that were once untreatable. In the process of developing these medical devices, manufacturers have at times rushed products to market, failing to properly test for the safety and efficacy of their device. When a medical device manufacturer cuts corners like this, their device can malfunction or have its defects cause catastrophic injury or even death. The attorneys at Alianza Jurídica have decades of experience fighting for our clients’ rights against the largest medical device manufacturers in the world. If you have been injured or harmed by a medical device, we would appreciate the opportunity to fight for you.

The Food and Drug Administration (FDA) is responsible for ensuring that medical device manufacturers follow processes that create a “reasonable assurance of safety and effectiveness” for their products. This process is seemingly supposed to give you the assurance that the medical device you are using has been tested, is safe to use, and will work to diagnose, treat, prevent, cure or mitigate disease or conditions. The FDA has a system in place to determine what is a medical device, and what regulations apply to which class of devices it would be in.

Types Of Medical Devices

When any of these types of medical devices malfunction or is defective, the root cause can usually be traced back to the manufacturer. Medical device manufacturers have duties and responsibilities to ensure that their devices will work as intended. Any failures they made during the development and manufacturing process to safeguard the health of those using the devices can cause catastrophic injury or even death. Our attorneys have seen examples of medical device manufacturers cutting corners to get devices and equipment to market as quickly as possible, turning their eye from potential defects or even covering up the risks of their products. When medical device manufacturers put profits over people and cause harm to you, you have legal remedies to receive compensatory damages and to punish the manufacturer for the damage done.

Types of liability claims arising from defective medical devices:

Some examples of manufacturer’s failures that put the consumer at risk of harm are:

• Failure to warn – If a device could potentially be dangerous, the manufacturer has a duty to warn you about it. If there are risks you should be notified as to what they are. Any failure to clearly state these warnings could be reason to seek legal action.
• Design Defect – When a device manufacturer designs a product in a way that causes it to malfunction or become defective, catastrophic damage can occur to individuals using it. When this happens, every single device user can be affected and impacted by the defect.
• Manufacturing Defect – This can include anything from the manufacturer using inferior or unsafe materials during manufacturing to the packaging and storage of a product or device.