Defective Medical Devices

Ohio Defective Medical Device Lawyers

Suffered an Injury from a Defective Medical Device?

Every year, millions of Americans rely on medical devices to restore or enhance their health. It is the responsibility of the manufacturers of these devices to ensure that they are safe and effective. Unfortunately, some medical devices are released to the public without sufficient testing or warnings. As a result, thousands of people are seriously injured or killed by defective medical devices each year.

Have you or a loved one been injured by a defective medical device? If so, you may be entitled to financial compensation. Our Ohio defective medical device lawyers at Murray & Murray can help you understand your rights and legal options. We have been providing compassionate, personalized legal guidance to injured victims and their families for nearly 90 years. Our legal team has the resources, experience, and skills to effectively handle these complex cases.

For a free, confidential consultation, contact us online today or call our office at (419) 664-3711.

What Are Defective Medical Devices?

Medical devices are any products used to diagnose, treat, or prevent diseases or other health conditions. Examples of medical devices include everything from tongue depressors and bedpans to pacemakers, artificial hip joints, and breast implants. Some medical devices are regulated by the Food and Drug Administration (FDA) while others are not.

Medical devices can be considered defective if they are inherently flawed or unreasonably dangerous. A medical device may be inherently flawed if it is defective in its design. This means that the product was designed in such a way that it was unreasonably dangerous for its intended use. A medical device may be unreasonably dangerous if it is defective in its manufacture. This means that the product was not made by its original design and was therefore more dangerous than intended.

Medical devices can also be considered defective if the manufacturer fails to provide adequate warnings or instructions regarding the device’s use. In some cases, the manufacturer may have failed to conduct adequate testing to determine if the device was safe for its intended use.

What Are Some Examples of Defective Medical Devices?

There are countless medical devices currently on the market, many of which are potentially defective. However, certain medical devices have been linked to a higher risk of failure and injury than others.

Some examples of defective medical devices include:

  • Defective hip implants
  • Defective knee implants
  • Defective pacemakers and defibrillators
  • Defective heart valves
  • Surgical mesh
  • Defective insulin pumps
  • Defective pain pumps
  • Defective catheters
  • Defective IVC filters
  • Defective shoulder pain pumps
  • Defective transvaginal mesh
  • Defective ventilators
  • Defective robotic surgery systems
  • Defective LASIK procedures
  • Defective blood glucose meters
  • Defective 3M earplugs

How to Report a Defective Medical Device

Healthcare professionals and patients are encouraged to report any adverse events or side effects related to the use of a medical device to the FDA’s MedWatch Adverse Event Reporting program. This can be done online, by phone, or by mail. The FDA uses this information to identify potential safety issues with medical devices and to take appropriate action to protect the public.

How Do I Know If My Medical Device Has Been Recalled?

When a medical device is found to be defective, the FDA may issue a recall. A medical device recall is an action taken to address a problem with a medical device that violates FDA law. Recalls occur when a medical device is defective, when it could be a risk to health, or when it is both defective and a risk to health.

There are three types of medical device recalls:

  • Class I: A situation in which there is a reasonable probability that the use of or exposure to a violative product will cause serious adverse health consequences or death
  • Class II: A situation in which use of or exposure to a violative product may cause temporary or medically reversible adverse health consequences or where the probability of serious adverse health consequences is remote
  • Class III: A situation in which use of or exposure to a violative product is not likely to cause adverse health consequences

If a medical device has been recalled, the FDA will issue a press release and post information about the recall on its website. You can also sign up to receive email alerts about medical device recalls. If your medical device has been recalled, you should contact your healthcare provider to determine the best course of action.

Do Medical Devices Have a Warranty?

Most medical devices come with a warranty. A warranty is a guarantee made by the manufacturer or seller of a product that promises to repair or replace the product if it is defective or otherwise fails to perform as intended. A warranty can be either express or implied.

An express warranty is a written or oral statement made by the manufacturer or seller of a product that guarantees the performance of the product. A manufacturer or seller may also provide an express warranty by labeling a product with a specific claim about its performance. For example, a medical device manufacturer may advertise that its product is guaranteed to last for a certain number of years.

An implied warranty is an unwritten, unspoken promise that a product will meet certain standards of performance. An implied warranty is created by state law and automatically applies whenever a product is purchased. Under the theory of “implied warranty of merchantability,” a product must be of average quality and fit for the ordinary purposes for which such goods are used. In other words, a product must do what it is supposed to do.

When a medical device fails to perform as intended, the manufacturer or seller may be liable under the terms of the warranty. In some cases, a warranty may even allow the injured victim to recover compensation for their medical expenses, lost wages, pain and suffering, and other damages.

Why Choose Murray & Murray?

When you are facing a medical device manufacturer, you need a law firm with the resources and experience to effectively handle these complex cases. At Murray & Murray, we have been providing aggressive, results-oriented legal representation to clients in Ohio and across the nation for nearly 90 years. We have a proven track record of success, having recovered billions of dollars on behalf of injured victims and their families.

Our Ohio defective medical device attorneys are committed to providing each and every client with the compassionate, personalized legal representation they deserve. We are not a “settlement mill” that is only interested in settling your case as quickly as possible. Instead, we are a family firm that is committed to fighting for the maximum compensation you are owed.

When you trust your case to Murray & Murray, you can expect the following and more:

  • Compassionate and personalized legal guidance
  • Aggressive and effective representation both in and out of the courtroom
  • Regular updates on the progress of your case
  • Direct access to an attorney who can answer your questions and address your concerns
  • No fees unless we win your case

At Murray & Murray, we understand that dealing with a defective medical device can be overwhelming and stressful. You may be unable to work and facing mounting medical bills. You may also be dealing with significant pain and suffering. Our legal team is here to help you navigate the legal system and fight for the justice you deserve. We will handle all aspects of your case so you can focus on your recovery.

Request a free, no-obligation consultation today by calling our office at (419) 664-3711or contacting us online.

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