A Fort Myers Defective Medical Device Lawyer Will File Your Unsafe Device Claim
Each year, people suffer serious injuries and even death as a result of unwittingly using defective medical products and devices, most of which are recommended or prescribed by their physicians and approved by the U.S Food & Drug Administration. As consumers, we trust drug and medical device development companies to perform extensive tests and pass strict approval protocols before releasing a medication or product for marketing, sale, and distribution by the government.
Sometimes, however, these products are put on the market without proper testing, with dangerous designs, with manufacturing defects, or without proper warnings to consumers about potential harms that a product can cause.
All too often, we've seen the disastrous results of the manufacturers of these dangerous medical devices and medications who put profits over safety, which eventually result in the product causing serious injury or death to a loved one.
If you suffered an injury, Fort Myers medical device lawyer Randall L. Spivey can protect your rights. The Spivey Law Firm, Personal Injury Attorneys, P.A., will thoroughly investigate the problems associated with the medical device in order to determine how the device failed or otherwise caused injury to the consumer.
The Harmful Effects of Unsafe Medical Devices
Potential problems that may result from the usage of a medical device can include:
- Dangerous design defects,
- Failure to properly warn the user of harmful or negative side effects,
- Contaminated devices,
- Potential surgical mistakes when the devices are implanted, and
- Problems with the devices that result in the person having to undergo additional surgeries to remove, repair, or replace the defective device.
Any of these issues, or a combination of these issues, can lead to serious injuries or even death for the consumer who uses such a medical device.
Many drug or medical device manufacturing companies have come under the scrutiny of the U.S government, the media, and the public in general for drugs and medical devices that have turned out to be more harmful than helpful. Fortunately, there are mechanisms under the law to hold these companies responsible when they produce defective devices and drugs that injure consumers in the form of product liability suits.
These claims are time-sensitive, however, so it is essential that you take legal action immediately once you suspect that injury has occurred as a result of utilizing such a medical device. Otherwise, you may be unable to maintain a claim for compensation, no matter how liable a medical device manufacturing company may be.
Defective and Dangerous Medical Devices
Although many medical devices can be defective, some of the most common faulty devices in recent history include:
- 3M Dual-Ended Combat Arms Earplugs – Tinnitus and hearing loss.
- Allegan Breast Implants – Immune system cancer.
- Ethicon and Medtronic / Covidien Surgical Staplers – internal suture line failure, sepsis, anastomotic leakage.
- FinPlus – minoxidil toxicity, rapid heart rate, and low blood pressure.
- Hernia Mesh – bowel obstruction, mesh migration.
- Injectafer – severe hypophosphatemia, osteomalacia, rhabdomyolysis.
- IVC Filter – device fracture, heart and lung perforation.
- JUUL Vaping Pods – lung disease and nicotine addiction.
- Metal-on-Metal Hip Implants – device failure and loosening, inflammatory response, and metallosis.
- Mirena IUD
- Paraguard IUD – device fracture and migration.
- Paraquat – Parkinson’s Disease.
- PFAS Firefighting Foam
- Roundup Weed Killer – Non-Hodgkin’s Lymphoma.
- Smart Set Bone Cement
- Smith & Nephew Modular SMF and REDAPT Hip Implants – premature device failure, metallosis, and inflammatory response.
- Stryker and Wright Medical / MicroPort Modular Hip Implants – premature device failure, metallosis and inflammatory response.
- Talcum Powder – Ovarian Cancer and Mesothelioma.
- 3M Bair Hugger Warming Blanket
- Zimmer Biomet Shoulder – device fracture.
- Zimmer Knee Implants
- Zimmer M/L Taper, Kinectiv, and VerSys Hip Components – premature device failure, metallosis and inflammatory response.
Dangerous Medical Device Liability
Similar to dangerous drugs, dangerous medical devices fall under the category of product liability. This can include:
- Design Defects. A claim for defective design rests on proving that the product is innately dangerous based on its design alone instead of any error made during the manufacturing of the product.
- Manufacturing Defects. A claim for manufacturing defects requires proof that although the product’s design is safe, something during the manufacturing process caused it to be dangerous.
- Failure to Warn. A claim for failure to warn or improper labeling rests on proving that the product was inherently dangerous and that the manufacturer failed to appropriately warn the public of this danger.
Speak With a Fort Myers Medical Device Lawyer Today
If you or a family member has experienced injury or death as a result of a defective medical device, consult with an experienced Fort Myers medical device lawyer at the Spivey Law Firm, Personal Injury Attorneys, P.A., immediately for a free consultation. Call our office at (888) 477-4839 or contact us online to schedule your consultation.
We represent clients in Fort Myers and Cape Coral, all of Lee County and Collier County, as well as Bonita Springs, Estero, Naples, Port Charlotte, and Punta Gorda and throughout Florida. There are no fees or costs for you to pay upfront unless you win a financial settlement or jury verdict from the party responsible for your injuries or losses.
Please visit our settlements and verdicts page in order to view the results in some of the defective medical device cases and other types of product liability cases handled by Randall L. Spivey.