Product Recalls And Defective Devices
A medical device includes any instrument, machine or implant that is used to enhance your overall health. A defective device is one that fails to work properly, resulting in patient injury and even death.
Defective medical devices are generally products such as pacemakers and defibrillators that fail because of improper design or harm a patient because of manufacturer negligence. However, devices such as x-ray machines and diagnostic equipment can also be defective and result in patient injuries.
Why They Are Defective
A majority of injuries caused by defective medical devices are the result of manufacturer negligence. Sometimes, companies are so eager to obtain approval by the Food and Drug Administration (FDA) to begin earning profits that they do not perform the necessary research or appropriate pre-clinical tests.
A medical device recall does not always require discontinued use or the removal of that device. It may mean that the device must be adjusted or checked. If it is discovered that your implanted device may fail, you should discuss with your doctor the risks of having it removed versus the risk of potential failure.
A product recall can also be the result of budget reductions. If funding for research and development has been cut, this may prevent necessary testing. A design defect can also occur during the drug’s planning process, and may not be uncovered until the drug has been widely distributed.
Reasons for a Product Recall
While there are many reasons a product recall, the most common include:
- A device needs to be repaired
- The device has a major defect and must be destroyed
- Patients are being monitored for health risks associated with the product
- The settings must be adjusted
- An inspection is required
- New labels or warnings are needed
Companies that manufacture medical devices have an obligation to provide safe and dependable products that work as intended. Even when a medical device works as it should, there are other risks that must be revealed. The law requires product manufacturers to disclose any known issues about the side effects, malfunctions or other potential problems associated with a device.
Common Defective Devices
There are a number of medical devices that may contain defects, such as:
- Dialysis machines
- Defibrillators
- Stents
- Pain pumps
- Spinal discs
- Prosthetics
- Joint replacement parts
- Diagnostic equipment
- Heart valves
Holding the Negligent Party Responsible
In most defective device cases, the manufacturer is responsible for injuries sustained by a faulty device. However, wholesalers, distributors and marketing companies can also be held liable. If one of these parties is responsible for your injuries, you can file a product liability claim.
If you were injured by a device and you believe your doctor, surgeon, nurse or other medical practitioner is responsible, you can file a medical malpractice suit to hold that person liable.
Potential Damages for a Defective Device Suit
If you have been injured because of a defective medical device, you may be eligible for the following compensation:
- Medical expenses (past and future)
- Loss income and future earnings
- Punitive damages (which punish the party responsible)
- Pain and suffering and emotional anguish
Article Source : The Cochran Firm – Product Recalls And Defective Devices : ArticleBase
Erich Shrefler
If you or someone you love has been injured by a defective medical device, please visit the website for The Cochran Firm, serving clients nationwide.
Posted on February 13th, 2010 | By: admin | Filed under Pharmaceutical Lawsuits, Plaintiff Lawsuit Funding