Medical devices are designed to save and enhance lives. In most cases, they achieve these results. Unfortunately, some devices have hidden defects or cause health issues. This happens in spite of extensive and costly research and testing on the part of medical device manufacturing companies. The law provides some recourse to patients injured by medical devices and implants, but also protects businesses when they had no reason to know their product was harmful. At Law Office of Vesper Gibbs Barnes & Associates P.C., our attorneys represent both patients and manufacturers in disputes over defective design, manufacturing defects or inadequate warning.
Medical devices are designed and manufactured to repair adverse health conditions in the body. The U.S. Food and Drug Administration (FDA) has jurisdiction over the sale of these products; however, they routinely approve medical devices that have not had thorough testing. Some of the most common defective medical devices that have been recalled and have been the subject of products liability lawsuits include:
Any type of medical or surgical device has the potential to cause harm. Whether the devices are used externally or are implanted in the body, they should be manufactured with patient safety in mind. Our attorneys work with injured patients to bring claims against huge pharmaceutical product manufacturers. We also use our knowledge of products liability law to defend manufacturers when their actions or devices are not to blame.
Personal injury plaintiffs bring different types of claims depending on the facts of their case. Our attorneys have the knowledge and skill to bring these claims on behalf of an injured person or present a strong defense against these claims on behalf of a device manufacturer. Types of claims include:
Strict liability claim: This option allows an injured person to receive damages without the requirement of proof of negligence on the part of the defendant. Strict liability laws vary by state, but in principle, they allow claimants to obtain compensation by showing that their injuries were caused by a defective product that was manufactured or sold by the defendant.
Negligence claims: The basis of a negligence claim is that the defendant owed a duty of care to those who were going to make use of their product. In the case of defective medical devices, especially those that get implanted into the body of the consumer, the manufacturer’s negligence could fall under one or more of the following categories:
As soon as a medical device has been found to cause problems or show defects, the manufacturer is required to notify the FDA and warn the public about the defect and the problems it has caused. Failure to notify the FDA about the known defect increases the chances that the manufacturer will be found responsible for later harm to patients.
Call Law Office of Vesper Gibbs Barnes & Associates P.C. at 617-861-8553 or contact us online to schedule your consultation at our Boston, Massachusetts office to discuss your products liability case and get answers right away.