A variety of medical devices are recalled in the United States each year. While safety alerts and recall notices are oftentimes posted by the Food and Drug Administration (FDA), defective medical devices may cause injuries and other types of harm to victims. This can present both challenges for victims and for companies that produce devices that are often life-saving.
There are a variety of different types of defective product claims that may arise related to defective medical devices, including those involving medical appliances, medical equipment, surgical implants, surgical equipment, hospital supplies, diagnostic equipment, prosthetic devices, hearing, and visual aids. Just as individuals may be harmed by defective household products, electronics, or automobiles, defective medical devices may also cause harm.
The circumstances of each claim help determine the liability involved and the nature of the claim, as well as a defense response to allegations of harm. While the FDA regulates medical devices, any number of medical devices may be defective and cause harm, injury or death. Medical devices used every day may be defective in design, defective as a result of the manufacturing process or an improper marketing strategy may create liability.
Product liability claims concerning defective medical devices can be complex and rely on medical experts and technical information. In addition, laws may vary in different areas of the country so it is important to be familiar with what laws, and what type of claim, will apply in each instance. While each situation is unique, a better understanding of what types of defective medical devices may lead to a claim for damages can be beneficial for both victims and those who may be facing claims of harm.