Medical devices are designed to save and enhance lives. In most cases, they achieve these results. Unfortunately, some devices have hidden defects or cause health issues. This happens in spite of extensive and costly research and testing on the part of medical device manufacturing companies. The law provides some recourse to patients injured by medical devices and implants, but also protects businesses when they had no reason to know their product was harmful. At Golden Law Office, our attorneys defend medical device manufacturers in litigation when they are accused of defective designing or manufacturing a medical device, surgical tool or implant. We also defend against suits alleging that a business failed to warn customers of known dangers.
Medical devices are designed and manufactured to repair adverse health conditions in the body. The U.S. Food and Drug Administration (FDA) has jurisdiction over the sale of these products, and most medical devices undergo extensive testing. Unfortunately, injuries still occur. Some of the most common defective medical devices that have been recalled or have been the subject of products liability lawsuits include:
Any type of medical or surgical device has the potential to cause harm when used incorrectly or designed poorly. Whether the devices are used externally or are implanted in the body, they should be manufactured with patient safety in mind. We defend manufacturers against claims of negligence or wrongdoing. In many cases, we strive to settle claims to save our clients money. When necessary, we litigate and present a strong defense in court.
Claimants bring lawsuits against manufacturers under a variety of legal doctrines. Our attorneys present a strong defense against these claims on behalf of your business. Types of claims include:
Strict liability claims: This doctrine allows an injured person to receive damages without the requirement of proving that your business was negligent. Strict liability laws vary by state, but in principle, they allow claimants to obtain compensation by showing that their injuries were caused by a defective product that your company produced or sold.
Negligence claims: The basis of a negligence claim is that the your company owed a duty of care to those who were going to make use of your product. In the case of defective medical devices, especially those that get implanted into the body of the consumer, your company’s alleged negligence could fall under one or more of the following categories:
As soon as a medical device has been found to cause problems or show defects, your business is required to notify the FDA and warn the public about the defect and the problems it has caused. Failure to notify the FDA about the known defect may expose your company to liability for injuries and illnesses resulting from continued distribution, marketing or sale of your product. Our attorneys use a variety of tactics in settlement talks and at trial to minimize your company’s legal exposure.
Call Golden Law Office at 859-800-8379 or contact us online to schedule your consultation at our Lexington, Kentucky office to discuss your products liability case and get answers right away.