A medical device may be an instrument, apparatus, implant or similar product used in the diagnosis of disease or other physical conditions, or used in the treatment, mitigation, prevention or cure of disease. A medical device is intended to affect the structure and/or function of the body. Unlike pharmaceutical products (medications), which work internally , topically or systemically within the body, a medical device accomplishes its goal through a physical, mechanical, thermal, physio-chemical or chemical means. Medical devices may range from simple instruments such as tongue depressors and thermometers to items such as blood sugar meters and surgically implanted devices like artificial hips and surgical mesh. The desire of medical device manufacturers to reap the financial benefits of this public demand has resulted in some defective medical devices entering the market before they are fully tested. While the Food and Drug Administration (FDA) attempts to screen medical devices for their effectiveness, they frequently rely upon testing data supplied by drug and medical device manufacturers, which may be biased and inherently incorrect.
COMMON DEFECTIVE MEDICAL DEVICE LITIGATION
- FAILURE TO WARN: If manufacturers of a device fail to warn patients of potential risks or dangers, they may be liable for the injury.
- DESIGN FLAWS: Manufacturers of products that have defects in their design that cause injury may be liable for damages.
- FAILURE TO RECALL: If a medical device manufacturer or pharmaceutical company fails to recall a product that is found be dangerous, they may be liable.
DO YOU NEED HELP WITH A DEFECTIVE MEDICAL DEVICE CLAIM?
If you or a loved one have been affected by the use of a defective medical device, we encourage you to consult with our team as soon as possible. With our extensive knowledge and expertise, you can rest assured that should you choose to work with us, you will have legal representation that you can trust. All initial consultations are free, and we don’t charge any up-front fees for representation. We handle all fees on a contingency basis, meaning that unless we’re successful, you don’t have to pay us. Please contact Fulmer Sill at (405)510.0077 for a free consultation.