Defective Medical Device Lawyers in Oklahoma City

We Represent Patients Who Have Been Harmed by the Pharmaceutical Industry

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 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 Device Claims

• Design Defects: These occur when there's an inherent flaw in the design of the medical device, making it inherently unsafe for its intended use. Design defects can lead to malfunctions or failures that could harm patients even when the device is used as intended.
• Manufacturing Defects: Manufacturing defects happen during the production process. They can arise due to errors in materials, assembly, or quality control procedures. Even if the design of the device is sound, manufacturing defects can result in faulty products that pose risks to patients.
• Labeling or Instruction Defects: Sometimes, the labeling or instructions accompanying a medical device may be inadequate, incorrect, or misleading. This can lead to improper use or administration of the device, resulting in harm to patients. Proper labeling and clear instructions are crucial for ensuring the safe and effective use of medical devices.
• Failure to Warn: This type of defect occurs when the manufacturer fails to provide adequate warnings about potential risks associated with the use of the device. Manufacturers have a duty to warn consumers about known risks and side effects so that patients and healthcare providers can make informed decisions.
• Off-Label Use: Medical devices are often approved for specific uses by regulatory agencies like the FDA. When a device is used for purposes other than those approved, it's considered off-label use. While off-label use itself is not necessarily a defect, manufacturers can be held liable if the device causes harm when used in this manner.
• Contamination or Sterility Issues: Medical devices that are intended to be sterile must be manufactured and packaged in a way that prevents contamination. Sterility issues can arise during the manufacturing process or due to inadequate packaging, leading to infections or other complications in patients who use the device.
• Material Defects: Some medical devices contain materials that can cause adverse reactions or complications in certain patients. For example, allergic reactions to materials like latex or metal components can occur, leading to additional health problems.

With advancements in medicine, there has been an increased use of medical devices in the treatment of injuries and diseases. Despite medical breakthroughs, medical devices may be inadequately tested and regulated and rushed to market by companies in a hurry to make a profit. Unfortunately, dangerous medical devices harm thousands of unsuspecting patients like you each year.

Common Examples of Defective Medical Devices

Defective medical devices can vary widely in nature and impact, ranging from minor malfunctions to severe health risks. Here are some examples:

• Metal-on-Metal Hip Implants: These implants were designed to be more durable than traditional hip replacements, but many were found to shed metal particles into the bloodstream, leading to tissue damage, pain, and device failure.
• Transvaginal Mesh: Used to treat pelvic organ prolapse and urinary incontinence, some types of transvaginal mesh have been linked to severe complications such as organ perforation, chronic pain, and infection.
• Infusion Pumps: These devices are used to deliver fluids, such as nutrients or medications, into a patient's body in controlled amounts. Malfunctions in infusion pumps can result in improper dosing, leading to serious health consequences.
• Implantable Defibrillators: These devices are designed to detect and correct abnormal heart rhythms. However, defects in some models have led to unnecessary shocks, device failures, and even death.
• Intrauterine Devices (IUDs): While generally safe and effective, there have been cases of IUDs migrating from their original position, causing perforation of the uterus or other complications.
• Surgical Mesh for Hernia Repair: Similar to transvaginal mesh, surgical mesh used in hernia repair surgeries has been associated with complications such as chronic pain, infection, and adhesion.
• Pacemakers: Malfunctioning pacemakers can lead to irregular heart rhythms or complete failure to regulate the heart's rhythm, posing serious health risks to patients.
• Cochlear Implants: While generally successful in restoring hearing, defective cochlear implants can result in loss of residual hearing, device failure, or discomfort.
• Insulin Pumps: Used by individuals with diabetes to administer insulin, malfunctioning insulin pumps can deliver incorrect doses, leading to hyperglycemia or hypoglycemia.
• Robotic Surgery Systems: Although robotic surgery systems offer advantages in precision and minimally invasive procedures, malfunctions or errors in these systems can result in surgical complications or injuries to patients.

Holding the Device Manufacturers Accountable

We are committed to holding these companies accountable for the pain they cause in the lives of patients and their families. Multinational corporations are often ultimately responsible for the damage that defective medical devices cause American families. You may feel helpless to do anything against such large, well-funded corporations.

You do not have to face the difficulties that follow being harmed by a defective medical device alone.

The FDA leaves the research and testing of medical devices largely to the manufacturer. The approval process in its current state is yielding and leaves the consumer open to product defect and error. An arguably inadequate regulatory system opens the door for medical device manufacturers to put greater priority on profits and shareholder interests than the safety of those using the devices.

FAQs About Defective Medical Device Claims

What qualifies as a defective medical device?

A defective medical device is one that is flawed in design, manufacturing, or marketing, causing harm to patients when used as intended.

How can I know if I've been injured by a defective medical device?

Symptoms may vary depending on the device, but common signs include pain, inflammation, infection, or device failure. Consult a healthcare professional if you suspect an issue.

What steps should I take if I believe I've been harmed by a defective medical device?

Seek medical attention immediately. Document your symptoms, medical treatments, and device details. Contact a qualified attorney experienced in handling defective medical device claims.

What compensation can I seek for a defective medical device injury?

Compensation may cover medical expenses, lost wages, pain and suffering, and other damages. Your attorney will assess your case to pursue appropriate compensation.

Is there a class-action lawsuit option for defective medical device injuries in Oklahoma?

Class-action lawsuits may exist for widespread device issues. Your attorney can advise on joining existing actions or pursuing individual claims, depending on your circumstances.

Can I still file a claim if the defective medical device has been recalled?

Yes, a recall does not automatically absolve responsible parties of liability. However, it may strengthen your case. Consult with a legal professional to understand your options.

Will I need to go to court for a defective medical device claim in Oklahoma?

Not necessarily. Many cases are settled out of court through negotiation. However, your attorney will prepare for litigation if a fair settlement cannot be reached.

How can I find the right attorney for my defective medical device claim in Oklahoma?

Look for attorneys with experience in product liability cases. Seek referrals, read reviews, and schedule consultations to find the best fit for your needs.

Do You Have Questions About a Defective Medical Device?

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 you will have legal representation 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) 433-7414 for a free consultation. Hablamos español.