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Most Reported Defective Medical Devices and How A Michigan Lawyer Can Help
Many people are living longer and more comfortably thanks to ongoing advances in medical technology. Today, doctors can replace an ailing hip or install a pacemaker to regulate an erratic heartbeat using state-of-the-art medical devices. However, sometimes these medical devices malfunction, causing patients to suffer irreparable harm. When this happens, an experienced lawyer in handling cases related to defective medical devices can help these victims receive the compensation they deserve.
Here’s a guide to protecting your rights if you or a loved one is harmed by any of the following defective medical devices.
Which medical devices are most likely to have harmful defects?
While any medical device has the potential to cause harm, the following devices are most often reported or named in defective product lawsuits:
- Transvaginal mesh
- Surgical mesh
- Pacemakers
- Defibrillators
- IVC (Inferior Vena Cava) blood clot filters
- Metal joint replacement products, including DePuy Hip Implants
- Breast implants
- Heart valves
- Insulin pumps
- Endoscopes/duodenoscopes
- IUDs (intrauterine devices)
- Essure permanent birth control implants
- Da Vinci surgical robots
- Drug-coated stents
What does Michigan law say about defective medical devices?
Generally, defective medical devices fall under the Michigan Product Liability Act. According to this law, the plaintiff must prove a product was “unreasonably dangerous” when the manufacturer released it. Additionally, plaintiffs must prove there was an alternative design the manufacturer could have used instead. Finally, the victim has to show that the injury or illness was directly caused by the allegedly defective product.
When are the reasons a medical device would be considered defective?
There are four major reasons a product may be deemed defective according to Michigan product liability law:
- Negligent design and/or manufacturing
This category refers to products that have design flaws or those where mistakes were made during the manufacturing process.
- Negligent failure to warn the consumer
Product manufacturers have a legal duty to warn consumers about hidden dangers that would not be obvious to a “reasonable user.” Furthermore, they must provide instructions on how to use the product safely and avoid potential dangers.
- Fraudulent claims or misrepresentation of the product
Sometimes a manufacturer provides false or misleading product information that causes harm to the consumer. Presenting false information is considered grounds for a product liability claim even if the product itself is not defective.
- Breach of warranty, either implied or express
An express warranty contains specific claims or representations about the quality or standards of the product.
An implied warranty guarantees that the product is in good working order and safe to use for its intended purpose.
Breaching either type of warranty can be grounds for a defective product lawsuit.
What if the defective medical device was approved by the FDA?
Like medications, medical devices must be approved by the FDA before they can be marketed to physicians and consumers. However, defects are not always immediately apparent. In many cases, patients don’t experience harmful consequences until months or years after receiving the device.
Can I file a lawsuit if the device has not been officially recalled?
Generally, yes. A medical device can cause complications regardless of its status with the FDA. In order to win a lawsuit, you must be able to prove the harm you suffered was directly caused by the medical device.
How will hiring a defective medical device lawyer help my case?
There are many reasons to seek representation from a knowledgeable product liability attorney.
Defective medical device cases can be lengthy and complex, and the burden of proof is on the plaintiff. Proving that a manufacturer was negligent involves time-consuming research and documentation. This typically includes extensive medical records and supporting information such as expert witness testimony.
Furthermore, product liability cases have a strict statute of limitations along with numerous other filing deadlines. A plaintiff who does not comply with the legal requirements may lose the opportunity to recover damages.
And, studies show that plaintiffs who hire personal injury lawyers win higher settlements and verdicts than those who represent themselves.
Product liability law is complicated, but finding the right attorney is simple.
Call 1-800-CALL-SAM today for a free, no-obligation remote consultation from the safety of your home.
Sources:
https://www.hg.org/legal-articles/what-is-a-defective-medical-device-47176
https://www.hg.org/legal-articles/medical-device-defects-the-fda-s-medical-device-standard-48153
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