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Can You Sue a Medical Device Company?

Mar 11, 2022 | Defective Product

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Yes, you can sue a medical device company. Just know that it can be a very complicated process because odds are you’re going up against a very large corporation. That’s why it’s smart to hire an attorney to represent you and ensure the best possible outcome.

To pursue a lawsuit, you’ll need to prove that you suffered an injury due to the medical device despite using it as directed.

Let’s look at some examples of medical device product liability cases to provide a better understanding of what these lawsuits look like and what you can expect.

Examples of Medical Device Product Liability Cases

We’re currently helping many clients pursue damages after suffering injuries due to the Philips CPAP machine, which you might have heard about. These devices have caused injuries and there is an ongoing case against Philips because of what they failed to do with their product.

The FDA found that Philips discovered during testing that the foam it was using in its devices was faulty but failed to inform users. As a result, many people have respiratory issues, cancer, and a variety of other ailments after using the devices.

This is just one example of a faulty medical device. Over the years, many other manufacturers have also put products on the market that harmed users.

  • Metal hip replacements: many patients who received these medical devices suffered from metal poisoning or failure of the implant.
  • Mirena IUD: these devices did not stay where they should and caused uterine perforation and embedment in the uterus leading to health complications for women.
  • 3M earplugs: these devices distributed to military personnel promised to protect hearing from loud noises, such as explosions or aircraft. However, due to defects, users suffered hearing loss, tinnitus, and even deafness.
  • Attune knee replacements: these devices failed prematurely leading to patients requiring additional surgery. It also meant increased pay, reductions in mobility, muscle damage, and even bone loss in patients.
  • Zimmer Persona Trabecular Metal Tibial Plate knee replacements: these devices loosened within the body, which led to pain and corrective surgeries for the patients. 

Settlements for faulty medical devices can total billions of dollars due to the far-reaching impacts these faulty devices have on the general public. The reason for the product liability case can be due to faulty manufacturing, design, or marketing of the product.

Failing to warn patients of risks associated with device use or providing inadequate instructions for device use can be a reason for a product liability case.

Hiring an Attorney for a Medical Device Lawsuit

The medical device company has a great deal of money and resources that it can devote to defending against these lawsuits. And as an individual, you likely don’t have those kinds of resources.

That’s why Stewart & Stewart works on a contingency basis. We defend these cases without any money upfront and only get paid if we earn you a settlement giving you the resources you need to sue a medical device company.

If you have an injury from some type of medical device, which you use or has been implanted that has failed, we’ll take a look at your case and provide our expert opinion. We do not charge for doing that.

Schedule Your Free Consultation Today 

Pursuing these cases can help you recover financially from these situations, and importantly, when many people bring about claims like this, it brings the dangers of that device to light so that others can avoid suffering injury as well. It makes the manufacturer do things differently in the future.

Schedule your free consultation with Stewart & Stewart now to begin your road to recovery from a faulty medical device.

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