You thought that your medical device was going to change your life for the better. The surgery wouldn’t be without risks, but you decided to go through with it so you could feel like your old self again.
But the medical device malfunctioned, and now you’re even worse off than before. If you want justice for your injuries, call a defective medical device attorney from Sadaka Law. Our compassionate attorneys understand what you’re going through, and we’ll fight hard to recover damages for you.
What To Do If You’ve Been Injured by a Defective Medical Device
If you’ve been hurt by a medical device, you’re probably feeling lost and wondering what to do next. Who can you hold liable, and how do you start the recovery process for damages?
Carefully follow these steps if a defective medical device has injured you.
Document Your Symptoms
You’ll need to describe specific symptoms to recover damages for medical device-related injuries. Consider keeping a journal in which you document symptoms and how you’re feeling each day.
If your device has caused any external injuries, take pictures of them. If possible, also take photos of the device itself.
Don’t Throw the Device Away
It’s tempting to toss the device out or even destroy it, but it’s much better to keep it so that your defective medical device attorney and medical professionals can inspect it. If the device failed because of a defect, the manufacturer will probably want to take a look, too.
See a Doctor
You may have already done this if your symptoms are serious, but even if they’re not, you should see a doctor regardless. Doing so establishes a track record of treatment, which you’ll need to provide when filing a claim. Treatment may also be necessary to prevent your injuries from worsening.
Check for Recalls
The odds are good that you’re not the only one who has been injured by this particular device. To find out whether your device has been recalled, check the U.S. Food and Drug Administration site. If the manufacturer has recalled your device, the recall lends legitimacy to your claim.
You might also consider reporting the defect to the FDA. With enough reports from people like you, the FDA may force the manufacturer to recall the device.
Hire an Attorney for Faulty Medical Devices
If you want compensation, you should hire a lawyer for individuals injured by medical devices. Generic personal injury attorneys may have never handled a defective medical device case, so they’re not well-equipped to recover damages for you.
Defective medical device attorneys, on the other hand, are very familiar with such cases. They know the laws regarding medical devices, and they can easily determine whether the manufacturer has recalled your device.
Filing a Claim
There are two ways to recover damages for a detective medical device: through a negligence claim or strict liability.
Negligence may apply if your doctor set up your device incorrectly, or if the surgeon who installed your device made a mistake during surgery. Surgical mistakes fall under medical malpractice, which you’ll need a good lawyer to prove.
Strict liability applies if you were injured because of a product defect. In this case, you don’t have to prove negligence, as the court will hold the manufacturer strictly liable. The only thing you must prove is that the device is defective and that it caused your injuries.
Statute of Limitations in New Jersey
You don’t have all the time in the world to file a defective medical device claim. To recover damages, you must make a claim within two years of discovering the harm caused by the device. If you don’t make a claim in time, you can’t seek compensation.
What About Medical Implants?
Injuries caused by defective medical implants also qualify for compensation. We go over some of these devices below.
Defibrillators
Implanted defibrillators are small, battery-powered devices placed in the chest. They detect unusual heart rhythms and deliver an electric shock to restore normal heartbeats.
You may have heard about the Medtronic recall in the news. In 2023, the company issued a recall for many of its implanted defibrillators due to a failure to supply an adequate electric shock when needed.
Pacemakers
Pacemakers are somewhat similar to defibrillators. These devices prevent heartbeats that are too slow.
In 2017, the FDA ordered a recall of nearly 500,000 pacemakers due to a software flaw that made the devices susceptible to hacking.
Cochlear Implants
Many people confuse cochlear implants with hearing aids, but these devices aren’t quite the same. Hearing aids go on the outside of the ear, while cochlear implants are surgically fitted inside the ear.
These implants work by bypassing damaged parts of the ear and delivering sounds directly to the auditory nerve. Cochlear implants allow deaf and extremely hard-of-hearing people to hear somewhat normally.
Left Ventricular Assist Devices
Left ventricular assist devices (LVADs) are used for people who have entered end-stage heart failure. These devices help the left ventricle of the heart deliver blood to the rest of the body.
Defective Medical Device Recalls
Manufacturers have recalled more than one dozen medical devices in 2024 alone. Some of these include:
- HeartMate Touch Communication System for unintentional pump start and stop
- EVair Air Compressors due to formaldehyde emissions
- VOCSN Patient Breathing Package due to a manufacturing issue with bonded spinal wrap
- Mega Soft Universal Patient Return Electrode for reports of burns
- Philips BrightView Imaging Systems due to unexpected detector failure
Some of these recalls are from big-name companies, which proves that even these behemoths aren’t immune to making mistakes. If you’d like to hold a manufacturer liable for your injuries, call Sadaka Law. We’re not afraid to go up against medical device giants on your behalf.
Common Causes of Defective Medical Devices
Defective medical devices can have many causes, including the following.
Design Flaws
Creating a medical device requires advanced medical, engineering, and scientific skills. These devices are incredibly complex, and a single mistake during the design process can spell trouble for wearers.
Manufacturing Defects
Medical device manufacturing companies must comply with strict standards, but something can always go wrong regardless. If you suffered an injury because of a manufacturing defect, you may be able to hold the manufacturer liable.
Negligence
Negligence can occur if:
- The surgeon who fitted your device made a mistake
- Doctors and nurses who operated on you failed to sterilize tools and wash their hands before doing so
- Your doctor didn’t advise you on the risks of the device
- Your doctor recommended a device for which you weren’t a good candidate
Improper Labeling
Improper labeling is uncommon, but it can put consumers in serious danger. Improper labeling occurs when a device manufacturer prints false or misleading statements on packaging. For instance, if a manufacturer fails to disclose side effects on the packaging, you could have a case for improper labeling.
Who Is Liable for a Defective Medical Device?
Several parties can be liable for a defective medical device. The medical device company may be liable for manufacturing defects and design flaws. And if your doctor didn’t tell you about the risks associated with the device, you could hold them responsible for your injuries.
It’s important to determine liability early on, as this dictates your burden of proof. If your doctor is liable, you might have to prove that they acted negligently. If you want to go after the manufacturer, you may be able to hold the company strictly liable, which means you don’t have to prove negligence.
Compensation for Injuries
Compensation for defective medical device-related injuries can include:
- Medical expenses associated with the injury
- Lost wages if your injuries prevented you from working
- Loss of future income
- Mental anguish
- Pain and suffering
- Loss of consortium
- Wrongful death damages (if a loved one died because of a faulty medical device)
If the device has been recalled, you may be able to recover some damages through a class-action lawsuit. However, if you plan to file your own lawsuit, you might consider opting out of the class-action suit. You can often recover more damages by making a claim yourself.
What To Expect When Choosing Sadaka Law
When you choose a defective product attorney for medical devices from Sadaka Law, you can expect:
- Extensive experience. With our combined 30 years of experience, we know how to fight large manufacturers and win.
- Incredible compassion. Our clients aren’t just another number to us. We care about each and every one, just as if they were members of our family.
- Personalized legal representation for defective medical devices tailored to your case.
- Complex legal concepts explained in plain English.
- A fierce commitment to justice. To date, we’ve recovered over $100 million on behalf of our clients.
Talk to a Medical Device Defect Lawyer Now
You shouldn’t have to suffer just because a surgeon or medical device manufacturer made a mistake. Let us stand by your side and help you seek justice for your injuries. A medical device malfunction attorney can also help if you’re dealing with long-term disability denial.
For a consultation with a defective medical device attorney, call Sadaka Law at (800) 810-3457.
