All medical devices and products are tested and approved through the FDA (United States Food and Drug Administration).
However, a product can still be defective due to design, manufacturing process or through its marketing.
If a person is injured or dies after undergoing surgery or through the use of a medical product or device, such as faulty pacemakers, implants, surgical instruments or prosthesis, they or their surviving family members may be able to file a “Products Liability Lawsuit”.
In most product liability cases, lawsuits against a federally approved medical product or device face many legal challenges and can even gain national attention.
Below is a list of the most active Defective Product or Medical Device Liability Lawsuits:
Surgical mesh has been used in urogynecologic procedures, such as repairing Pelvic Organ Prolapse (POP) by reinforcing a weakened vaginal wall or to treat urinary incontinence (SUI) by supporting the urethra. It can be made from synthetic or organic materials, and is designed to be implanted permanently.
There are 3 main pelvic floor disorders that surgical mesh is designed to treat:
Unfortunately, surgical mesh has been linked to serious complications and injuries.
It has been found that the mesh can deteriorate and small pieces can break off and lacerate surrounding organs.
On July 2011, the FDA acknowledged these potential complications. Women who have suffered complications and injury due to surgical mesh implantation may be able to file a claim to receive financial compensation to cover corrective surgery, medical bills, pain and suffering and other related damages.
LASIK Eye Surgery is a type of Refractive Surgery that is designed to correct the most common vision problems and reduce a person’s dependence on glasses and contact lenses.
The most common visions problems that can be corrected by this type of procedures are:
However, improper use of the equipment or a manufacturing defect leading to malfunction can result in permanent damage to the cornea.
Patients can also suffer injury and cornea damage simply because they were not good candidates for the procedure due to larger pupils, dry eyes or other preexisting conditions prior to the surgery and should have been ruled out during the initial examination.
If you or a loved one has been injured or suffered permanent blindness after undergoing LASIK surgery, then you may be entitled to compensation.
Da Vinci Robotic Surgical Systems were approved by the Food and Drug Administration (FDA) in 2000.
These robotic surgical arms were designed to assist surgeons during more delicate and complex surgeries, creating a more minimally invasive approach to cardiac valve repair, hysterectomies and prostate removal, to name a few.
The benefits to the patient include:
However, there are a growing number of lawsuits being filed against the American company, Intuitive Surgical, the manufacturer of the Da Vinci Robotic Surgical Systems due to injury caused by the medical devices.
Reports of robot malfunctions and surgeon error have led to torn skin, pierced organs, electrical burns and infections.
As Americans age, degenerative conditions such as osteoarthritis may come about resulting in increased pain, stiffness and the inability to live an active lifestyle.
While many people have experienced great relief from hip replacement surgery, there are others who have experienced serious complications and even death.
Tens of thousands of patients who received metal hip replacements have reported a range of injuries:
While doctors are no longer using all-metal implants for total hip replacement surgery, there are still metal components.
If you or a loved one has suffered injury due to a metal hip replacement, they may be entitled to compensation through Product Liability Lawsuit or even Medical Malpractice Suit.
Other Lawsuits Concerning Defective Medical Devices:
A drug-eluting stent (DES) is a tubular support placed into narrowed or diseased peripheral or coronary arteries that is designed to slowly release a drug to block cell proliferation.
While most people do not experience any complications, there have been reports of serious injury caused by these stents, such as:
Guidant Defibrillators were implanted in patients to help treat heart disease.
Commonly known as a “pacemaker”, in 2005, Guidant defibrillators were the subject of a major 2005 recall in which it was reported that 50,000 devices were defective.
A pulmonary embolism is caused when a blood clot in the veins in the legs or pelvis breaks loose and travels to the lungs.
Patients, who do not respond positively to blood thinners and other medical treatments, may be good candidates for IVC filters.
IVC blood clot filters were designed to catch blood clots and prevent them from traveling to the lungs; however, in 2010, the FDA issued a warning after receiving hundreds of reports of people being seriously injured. Injuries, such as:
If you or a loved one has been seriously injured or died as the result of a defective medical device or complications from a surgical implant, you may consider speaking with a Spanish-speaking Product Liability Lawyer.
Filing a products liability lawsuit alleging a medical device that has been approved by the FDA is defective is a complicated process.
Many times medical evidence, expert witness testimony, and knowledge of product liability law are essential in proving your case.
Having a lawyer experienced with defective products who can speak Spanish will be better able to represent your claim, explain your rights and help win damages to cover ongoing expenses, such as:
Many times, your initial consultation is free and your lawyer will not receive any money unless they win your case.