Defective Medical Devices and Personal Injury Claims

Many people rely upon medical devices for mobility and improved health. While most patients can benefit from their medical devices, there’s always a chance that the products may be defective. This can cause significant health problems.

Here’s an overview of common defective medical devices:

• CPAP machines: CPAP machines are prescribed to patients with sleep apnea. They help the patient breathe properly overnight, preventing their upper airways from collapsing. Last year, Phillips Respironics recalled multiple CPAP and BiPAP models, due to defective design. The foam inside the machines broke down into small pieces, causing patients to inhale particles overnight.
• Hip replacements: After falls or serious accidents, hip replacements can restore mobility. Unfortunately, some brands of hip replacements have caused metal poisoning, bone loss, tissue death and fractures.
• Birth control implants: Birth control implants can help regulate hormones and prevent pregnancies. Sometimes they can malfunction. For example, the Paragard IUD device can pierce the uterus and cause organ damage or infection. It can also break apart inside the body. Some of these defective implants have caused permanent infertility.
• Knee replacements: Knee replacements are another common defective medical device. When a knee replacement fails, the patient can experience significant pain, limited range of motion and general instability.

Manufacturers of defective medical devices can be held liable under a theory of products liability. This is a type of negligence case. Manufacturers have a duty to ensure that their products are safe for ordinary use, including free of manufacturing or design defects. If they breach that duty, the plaintiff may be entitled to damages for medical expenses, lost wages, pain and suffering and more.

If you’ve been harmed by a defective medical device, the knowledgeable personal injury attorneys at Jakubowski, Robertson, Maffei, Goldsmith & Tartaglia, LLP can help. Call today to get started.