Medical devices and equipment frequently cause injuries. Whether it is because of a defective design, inadequate labeling or a manufacturing defect. In such cases the user of the product can suffer significant injuries. Many times users are already in a critical condition and these products are supposed to offer support. However, when they fail to work in the manner intended users become injured. These injuries can have long lasting pain which can be difficult to treat, leaving victims with lifelong pain and suffering. If you have been injured because of the use of a defective product contact our offices for a free consultation.
How Do I Know If My Product Is Defective?
A product is generally defective if it fails to perform in the manner for which it was designed. There are a few recognized types of defects which include, design defects, manufacturing defects and inadequate warning labels.
Common medical products known to be defective include:
- DePuy Hip Replacement Defects
- DePuy Knee Replacement Defects
- Electric Wheel Chair Defects
- Surgical Mesh Implants including Vaginal Mesh Pelvic Mesh and Kugel Mesh Defects
- Respiratory devices
- Birth Control Device and medication
- Defective Medical Drugs
- Dental Implants
- Defective Pace makers
- Breast Implants
- Defective Da Vinci Robots
- Defective Contraceptive implants – NuvaRing
- Shoulder Pain Pump Injuries
- Defective IVC Filter Implants
Design defects are those which apply to all items. When a manufacturer fails to properly test the product for defects or designs a product that is defective it is considered a design defect. Unlike design defects manufacturing defects apply to select products. A manufacturing defect applies when there is a manufacturing issue with the development of the product. Manufacturing defects can apply if components, metals or other issues are of a low quality or if human error occurs during the process. Inadequate labeling defects is also another type of defect. When a manufacturer fails to warn users of certain defects it can be considered a defect.
Common Medical Equipment Defects
Common defects can include the following:
- On board computer defects on power wheelchairs
- Sub-grade metals or welding causing the product to fail
- Lack of anti slip guards when needed
- Low quality wheels
- Break failures on select types of wheelchairs
Common Injuries cause by defective Medical Supplies
Injuries can range depending on a number of different factors. Typical injuries can include
- Broken bones
- Ocular injuries
- Facial lacerations
- Brain injuries
- Mild concussions
- Permanent shoulder injuries
- Knee injuries
- Ankle injuries
- Dental damage
- Back injuries
- Spine damage
- Nerve damage
- Sciatic nerve damage/injury
- Broken nose
This is not a complete list of injuries. If you have been injured from the use of a defective product, speak to a product liability attorney at Downtown LA Law. Click here for more information on recalled defective surgical devices and medical devices.
What to Do if you have been Injured from a Defective Product
If you have been injured you should consider taking the following steps:
Step 1- Speak to a medical professional and get treatment for your injuries. You may not know the extent of your injuries so never attempt to self diagnose.
Step 2-Do NOT tamper with the product. It is important for your attorney to have an expert inspect the product. Our experts can determine what the precise cause of the injury has been. Was it s minor or significant defect? This can help us determine whether it was a manufacturing, design or label issue.
Step 3- Do NOT make any statements to your insurance company or to any insurance company. Make sure you consult with a personal injury attorney before making any such statements.
Step 4 – Contact a product liability attorney regarding your claim.
How to Prove Medical Device Defect in Court – Product Liability Lawsuits:
Generally there are three ways that an injure party can show the presence of a defect in a medical product. (1) Manufacturing defect (2) defect in the design of the product and (3) Failure to poperly warn of danger from the proper use of the product.
Manufacturing: Manufacturer defects in medical product can occur when there is a mistake in the manufacturing method, which causes the manufactures good to be different from its intended design.
Product Design Defects: The important issue in medical product design defects cases is, Was the product properly designed? If the manufacturers of the medical device have more suitable designs which were less likely to cause harm then manufactures product will be determined to be defective.
Product Labeling Defects: Manufacturers also have a have a duty to warn consumers of the known dangers from the use of the product. If the manufacturer does not adequately warn of a known risk then it can be held liable for injuries which take place from the product use. While manufacturers are not required to warn of obvious dangers, the courts apply an objective test to determine knowledge.
Downtown L.A. Law is an experienced product liability firm. We have the resources and experience to help you procure the maximum recovery for your injuries.