Many medical devices—such as certain brands of syringes and catheters used by doctors and other medical personnel—have been subject to product recalls in recent years. Other products that have come under scrutiny are brands of wheel chairs, contact lenses, and shoulder pain pumps, which were found to have
hidden defects. Proving a device to be harmful can be complex and require testimony by experts. Individuals bringing
product liability cases against the party responsible for a defective medical device will need to prove several factors, which include the fact that the device was the cause of the victim’s injury and the fact that device was being used properly.
Medical device defects can be a flaw in the product’s design, a mistake in the manufacturing product, or insufficient warnings and/or instructions on the product’s labeling. In some instances, insufficient testing of the product is the cause of the problem. The U.S. Food and Drug Administration (FDA) is in charge of overseeing reports of harmful medical devices and can issue recalls on products. When this happens, the FDA can order that the product be removed from the marked and that action be taken to correct the flaw. More than 123 million units of medical devices were recalled in the second quarter of 2012, representing an eight-quarter high, according to data from recall management provider Stericycle ExpertRECALL.
Unfortunately, recalls are not always enough to keep all consumers safe. Those who suspect they have been harmed by a medical device should contact a Los Angeles product liability lawyer immediately so they can get started on building a strong case against the responsible party.
Examples of Defective Medical Devices
A medical device is defined by the FDA as an instrument, apparatus or other piece of equipment that is designed to diagnose a medical condition or to cure, mitigate, treat or prevent a medical condition. There are also other guidelines the FDA uses to distinguish medical devices from other medical products, such as drugs.
A defective medical device—or a medical device that does not work properly due to a flaw—can be one that is used directly by a consumer or one that is used by a medical professional to treat a patient. In both types of cases, the medical device can either fail to treat the consumer, or worse, cause physical injury to the patient, possibly even death. A few examples of medical devices that have been recalled in recent years include implantable medical devices (such as implantable drug infusion pumps or cochlear implants), syringes, sedation systems used during dental procedures and ventilators used in health care facilities, though there are many others.
One specific example of a medical device that has attracted considerable concern is a shoulder pain pump inserted into the shoulder after arthroscopic surgery. This pump is inserted after surgery and drips a painkilling medicine into the shoulder for about 3 days before being removed. Unfortunately, many patients receiving this pump have developed severe pain in the shoulder several months after the surgery. Medical researchers investigated the matter and attributed the pain to the destruction of cartilage in the shoulder by the pain pumps. The symptoms included weakness in the shoulder, as well as popping and restricted motion in the affected area. Similar symptoms have been noted in patients receiving pumps to the knee or ankle.
How Our Skilled Attorneys Can Help You
Shoop | A Professional Law Corporation provides aggressive representation to clients suffering from defective medical devices. Attorney David Shoop makes diligent investigations into the medical devices his clients suffer from. He uses expert medical researchers to determine if the device is the cause of the suffering the patient is experiencing. He then brings action against the manufacturers or product designers who are responsible. He has won a reputation for aggressive advocacy in court that makes some manufacturers inclined to settle rather than risk a bruising battle in court. Contact us today for help with your claim!