Defective Medical Devices: Risks, Lawsuits, and Your Rights

Experienced Defective Medical Device Lawyers

Thousands of lawsuits are pending against companies who manufacture, market and distribute defective medical devices. The lawsuits cover a variety of claims, including:

• A manufacturing defect that prevents a device from working properly, that results in severe injuries and/or death
• A failure to warn claim where the device manufacturer failed to warn healthcare providers and/or consumers of the potential dangers associated with device use
• A design defect claim where a device manufacturer failed to perform adequate testing to ensure safe use of the device
• Companies who make, market and distribute medical devices acted negligently by knowingly marketing and selling dangerous medical devices

At Chaffin Luhana, we recognize that every case involving a defective medical device has its own set of unique circumstances. This is especially true because in cases such as Riegel v. Medtronic, the U.S. Supreme Court ruled that the vast majority of medical device lawsuits are preempted by FDA regulations, thereby barring such lawsuits. Accordingly, until Congress offers relief from this ruling through the Medical Device Safety Act or similar legislation, Chaffin Luhana is very selective in the medical device cases it handles. We are, however, metal-on-metal hip implants, hernia mesh, and IVC filter cases, which we believe involve legal claims that are not preempted by Riegel. Defective Medical Devices Can Lead To Serious Injuries We advocate to make sure injured victims are able to get enough compensation to seek the necessary treatment they need to live comfortably with the new challenges they face. The following are some of the many dangerous injuries that have been associated with dangerous or defective devices:

• Blood clots, including pulmonary emboli
• Tissue necrosis and metallosis leading to revision surgery
• Pulmonary embolism
• Severe physical pain
• Serious infection
• Urinary or bowel problems
• Hemorrhage
• Perforation of vital tissue, vessels or organs
• Deterioration of cartilage in the joints
• Death

These are only some of the potential injuries patients may experience from defective devices. While some injuries can be reversed and treated, others may be life changing and may result in permanent disabilities or death. It is highly important for injured victims to consult with an experienced product’s liability attorney who knows how to deal with these types of cases.

File a Defective Medical Device Lawsuit

At Chaffin Luhana LLP, we have a proven record of success in handling cases involving medical devices. We are not afraid to stand up to even the largest medical device and pharmaceutical companies. For more information about your case or the specific types of cases we handle, call us today at 1-888-480-1123.