Medical devices are designed to treat or control certain illnesses and conditions that cannot be alleviated through medicine, therapy, or other treatment methods. Although medical devices are often touted as safe and reliable by the companies that manufacturer them, the truth is that they can be extremely dangerous and defective, just like any other type of product. Many patients willingly allow a medical device to be implanted into their bodies without ever knowing the true dangers of the device.
Portner & Shure, P.A. in Richmond, Virginia is here to support and guide you if you have been injured due to a defective medical device. With more than 30 years of experience and a long history of impressive case results. We know how to apply our insight and talents to a case, as well as when to turn to medical experts and engineers to further bolster a client’s claim.
To confidently fight a medical device manufacturer, call our attorneys at or contact us online.
Problems with Medical Device Manufacturing Processes
Medical devices need to be reviewed by the Food and Drug Administration (FDA) before they can be moved to the public market for sale and use. An FDA review is not as comprehensive as you might expect, though. Rather than conducting independent research about a new medical device, the FDA will instead take notes from the manufacturer and base their decision on those alone.
Because medical device companies know that they are basically the only ones in charge of the safety and review of their products, some might be tempted to bypass genuine safety testing. They can falsify their findings, too, and present the FDA with misleading data. Essentially, medical device manufacturers are allowed to “self-grade” the safety of their products, which is an obvious issue.
A few defective medical devices you might have used or heard about are:
- IUDs
- IVC filters
- Metal-on-metal hip implants
- Physiomesh
- Stents
- Vaginal mesh devices
Law Regarding Defective Medical Device Claims
Defective medical device claims are subject to the law of product liability claims. The law imposes a duty of care on medical device manufacturers who are responsible for ensuring that their products are reasonably safe prior to being released to the public. If a medical device is found to have been negligently designed or manufactured, or if they never told people about known dangers, the manufacturer can be held liable for any injuries and damages that result.
Building a Defective Medical Device Case
An extensive investigation is required to build a successful defective medical device case. The services of an experienced plaintiff’s attorney are also highly advised. Medical device manufacturers will retain aggressive defense attorneys to defend any lawsuit. They might even try to conceal a paper trail created by FDA regulations that require certain tests and product designs to be used.
Injuries & Damages in Your Claim
Defective medical devices can cause devastating, lifelong injuries. Under Virginia law, a defective medical device victim can receive compensation for both economic and non-economic damages.
Specifically, a defective medical device victim can receive compensation for:
- Past medical expenses
- Future medical expenses
- Past lost wages
- Future lost wages
- Pain and suffering
- Disability and debilitation
How to Find Out If You Have Defective Medical Device Case
Sometimes, victims are unaware that a medical device is defective until they begin experiencing symptoms or suffer a new injury. In other cases, the first time a patient hears about a medical device defect is when they receive a call from their primary care physician who informs them that the product as been recalled or placed under investigation. If either of these events happened to you after you got a medical device to treat a health condition, then you likely have a case. You should talk with our attorneys, though, to know for certain.
Make Us Your First Choice of Representation
Our Richmond defective medical device lawyers of Portner & Shure, P.A. can work with you or refer you if you have been seriously injured by a defective medical device. We can also accept claims if you need revision surgery to remove a defective device before it has a chance to cause you severe harm. As an award-winning, multilingual, and multicultural team, we are ready to evaluate your case, no matter its details and complications.
