Devices meant to treat serious medical conditions and help maintain patient health are supposed to go through a great deal of testing and fine-tuning before being made available to the public, in order to ensure not only their efficacy but their safety as well. Unfortunately, the last few decades have seen recall after recall for medical devices that did not work as intended and, in some cases, actively harmed the people using them.
Talking to an Atlanta defective medical devices lawyer may be a good idea if you suffered avoidable injury due to a malfunctioning or defective product implanted by a medical professional. A seasoned product liability attorney could help you identify the exact way in which a defective device harmed you and seek appropriate restitution on your behalf through civil litigation.
How Defective Medical Devices Can Impact Patients
While FDA approval is required before a manufacturer can advertise a medical device to the public, there are many ways that dangerous products can slip through the cracks. In some cases, internal testing procedures simply do not cover certain stresses and situations the device would be exposed to after implementation. In other cases, a defective product ends up fast-tracked through the FDA’s 510(k) approval process due to its relative similarity to a product already on the market.
Regardless of how a dangerous medical product makes it to market, the impacts they have on patients prior to recall notices being sent out can often be catastrophic. Here are just a few well-known products that defective medical device attorneys have helped local plaintiffs file suit over in the past few years:
- DePuy, Stryker, and Biomet hip and knee replacements
- Vaginal and hernia mesh
- Talcum powder
- Attune knee implants
- Defective pacemakers
- Malfunctioning insulin pumps
Establishing Liability for a Medical Device Defect
Liability in defective medical cases does not work quite the same as it does in typical personal injury claims. While such cases can be based on traditional negligence, many instead hold manufacturers strictly liable for injuries caused by products that were defective when they left the manufacturer’s control. Generally speaking, there are three ways in which a product may be defective and therefore confer strict liability onto its manufacturer: a defect in the product’s core design, a unique defect that occurred during a particular unit’s manufacture, or a marketing defect that entails a failure to warn you of possible dangers and side effects.
Most defective medical device cases in Atlanta are based on design defects, but a seasoned lawyer could help you pursue compensation for any type of defect that causes you harm. If a defective product claim is successful, you should be able to recover for economic losses like additional medical expenses and lost work wages, as well as for non-economic damages like physical pain and loss of mobility.
However, it is important to take action quickly, since most civil claims in the state of Georgia must be filed within two years of when the plaintiff first discovers or reasonably should have discovered their injuries. Certain exceptions to this rule may apply depending on the circumstances, though, so discussing filing options with a legal representative is almost always a worthwhile endeavor.
Get in Touch with an Atlanta Defective Medical Devices Attorney Today
Unfortunately, few types of products can cause more harm when they are defective than medical devices, as far too many examples in Atlanta and around the United States have proven. If you were hurt by a medical device that did not function as designed or advertised, you may have important legal rights that you should strongly consider utilizing to pursue fair restitution for your losses.
A qualified Atlanta defective medical devices attorney could guide and support you throughout the entire civil litigation process against a negligent medical device manufacturer. Call today to learn more about the possibilities in your unique situation.