DEFECTIVE MEDICAL DEVICES
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When Medical Devices are Found Faulty, Serious,
Possibly Critical, Injury can Result
Medical devices can save lives, but not if a faulty design prevents them from working properly or if a part of the product were to become contaminated during the manufacturing process. A defective medical device can make the condition it was designed to treat worse, sometimes a great deal worse.
Often, medical devices require an operation to be transplanted inside the patient; if a device is found not to work properly, or to have unintended unhealthy side effects, this could necessitate one or more follow-up surgeries, called “revision surgery,” to remove or otherwise address the implanted problem.
Medical devices are extensively tested before they are prepared for the U.S. Food & Drug Administration (FDA), which approves all medical devices before they can be sold on the U.S. market – although the devices’ manufacturers remain ultimately responsible for ensuring the product’s safety.
Every year, millions of people are implanted with medical devices, the list of which includes hip replacements and transvaginal mesh products; they allow this under the belief that these products will enable them to live a healthier, better-quality life. But if these products were to be defective in some manner, they stand to make a person’s health problems worse, leaving them at risk for a variety of debilitating injuries. This risk is especially high for people requiring long-term care.
When a medical device is discovered to be defective, it’s the manufacturer’s responsibility to inform the FDA and the public about the flaw and any potential risks that may arise. If the manufacturer does not properly inform the public and the FDA in a timely manner about the defect, it can be considered an act of negligence, which can make the company liable for injuries, illnesses or deaths that may occur due to the faulty device.
Many problems with defective medical devices only become apparent with the passage of time. If the device is implanted, this means a person can quite possible suffer a variety of symptoms quite extensively in the time it takes for the revision surgery to occur. Even then, revision surgery does not always solve the problem, which sometimes requires repeated surgery.
If you, or your loved one, has been harmed by a defective medical device, you may have valuable legal rights. Please feel free to contact us by completing the form at the right or call us at 1-800-LAW-FIRM (1-800-968-7529).
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