Product Liability Claims Involving Faulty Medical Devices

When faulty medical devices such as, surgical instruments, implants, pacemakers, and prosthetics causes injuries or death to people, it can form the basis for product liability claims. Some examples of medical devices that have run into medical and legal issues in recent years include defibrillators, stents, implants and contraceptive devices. Victims of defective medical devices may make liability claims against defendants.

Types of product liability claims involving faulty medical devices

The following are different types of product liability claims involving faulty medical devices:

Defectively manufactured medical devices: These are those devices that were either improperly manufactured or otherwise damaged from the beginning. Such devices can be created because of error at the manufacturing facilities, shipping problems, or because of errors at hospitals.

Medical devices with defective designs: These are those devices that were properly manufactured but have unreasonably dangerous designs that resulted in injuries. Sometimes these medical devices will have been on the market long before they cause harm. Victims may claim that manufacturers were aware of the dangers but concealed them or delayed taking the products off from the market.

Defectively marketed medical devices: This refers to misrepresenting, failing to warn or failing to provide instructions concerning risks associated with the use of medical devices by patients. Marketing defects may occur from initial advertising, labelling and branding, to sales and distribution at physicians’ offices, and after.

Who are the liable parties?

Manufacturers: Victims can seek compensation for their injuries from manufacturers of such defective medical devices.  However, it is important to note that these companies inevitably hire teams of high-priced lawyers to defend such cases.

Testing laboratories: Laboratories that performed tests on the medical devices can be held liable for any injuries caused.

Medical sales representatives: Medical sales representatives may be held responsible if they recommended defective medical devices to doctors and other members of medical communities.

Doctors: Doctors may be found liable if they failed to warn of potential dangers or instructions regarding the usage of medical devices.

Hospitals/clinics: Since hospitals or clinics are part of the chain of distribution of defective medical devices, they may be liable for any injuries.

Retail suppliers: When victims suffer injuries due to medical devices that were obtained from pharmacies, drug stores, or other suppliers, the retailers can be held liable. This is because retailers were the final point in the chain of distribution.