Personal Injury – Defective Medical Devices

When you or a loved one suffers from a medical condition, you trust that the devices used to treat or diagnose that condition are safe and effective. Unfortunately, this isn’t always the case. Defective medical devices can cause serious harm, and it can be difficult to know where to turn for help. If you live in the Los Angeles or West Covina area and have been harmed by a defective medical device, the Law Firm of Oscar Ischiu, Esq can help you navigate the complex legal landscape and pursue the compensation you deserve.

Understanding Liability for Defective Medical Devices

One of the first things to understand about defective medical devices is that there are several different parties that may be liable for the harm caused by the device. These can include the manufacturer of the device, the distributor of the device, and even the healthcare provider who prescribed or used the device. Each of these parties may have different levels of liability and different defenses available to them.

FDA Approval and Liability

Another important thing to understand about defective medical devices is that the fact that a device has been approved by the Food and Drug Administration (FDA) does not necessarily mean that the manufacturer or other parties are not liable for any harm caused by the device. While the FDA approval process is intended to ensure that medical devices are safe and effective, it is not perfect and there have been instances where devices have been approved despite known risks. Additionally, even if a device is approved by the FDA, it may later be found to be defective and the manufacturer can still be held liable.

Examples of Defective Medical Devices

While any type of medical device can potentially be defective, there are certain types of devices that have been the subject of numerous recalls and lawsuits in recent years. Some examples include:

• Transvaginal mesh: This type of mesh is used to treat pelvic organ prolapse and stress urinary incontinence in women. However, it has been found to cause a variety of complications, including pain, bleeding, and infection. Many women have filed lawsuits against the manufacturers of transvaginal mesh, and some manufacturers have paid out large settlements to patients.
• Hip replacements: These devices are used to replace the hip joint and provide pain relief to patients suffering from arthritis or other conditions. However, some hip replacements have been found to be defective and can cause pain, swelling, and even dislocation. Many patients have had to undergo additional surgeries to remove and replace the defective devices.
• DePuy Pinnacle hip replacement: The DePuy Pinnacle hip replacement, manufactured by DePuy Orthopaedics, was recalled in 2010 due to a high failure rate. Many patients have filed lawsuits against the company, alleging that they suffered injury as a result of the defective device.
• Medtronic Infuse: Medtronic Infuse is a medical device used in spinal surgeries. However, it has been linked to serious side effects, including nerve damage and cancer. Many patients have filed lawsuits against Medtronic, alleging that the company failed to properly warn patients and doctors about these risks.
• IVC filters: IVC filters are small devices that are inserted into the inferior vena cava (a large vein in the abdomen) to catch blood clots and prevent them from traveling to the lungs. However, some IVC filters have been found to be defective, and can fracture, migrate, or even perforate the vein. Many patients have filed lawsuits against the manufacturers of these devices, alleging that they suffered injury as a result of the defective filters.

Pursuing Compensation for Defective Medical Devices

If you or a loved one has been harmed by a defective medical device, it’s important to understand that you may be entitled to compensation. This can include compensation for medical expenses, lost income, pain and suffering, and even wrongful death in the event of a fatal injury. However, pursuing a claim for compensation can be complex and time-consuming.

The first step in pursuing a claim for compensation is to consult with an attorney who has experience handling defective medical device cases. An attorney can help you understand your rights, investigate the case, and determine the best course of action. They can also help you navigate the legal process and deal with the insurance companies and manufacturers who may be liable for your injuries.

It’s also important to note that these cases can take a long time and be very expensive. It’s important to choose an attorney who has the resources to properly investigate the case and take it to trial if necessary. This is where the Law Firm of Oscar Ischiu, Esq can help. We have the experience, resources and knowledge to handle the most complex defective medical device cases.