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Defective medical device — doctor or manufacturer to blame?

On Behalf of | Dec 20, 2018 | Firm News |

People in and around Lafayette, Morgan City, Lake Charles and Opelousas with various medical conditions rely on the innovation of pharmaceutical companies to develop new treatments, devices, drugs, pacemakers, implants, surgical instruments and prosthetics. Although the U.S. Food and Drug Administration keeps a close eye on these products, defects and dangers sometimes arise after the agency’s approval. In some cases, the manufacturers are aware of defects or dangers but choose to mislead authorities and the public for profit.

In the past, some medical devices like defibrillators, stents and other high-risk devices that caused harm to patients led to product liability lawsuits. If a device or other product causes injury or death to a patient, the cause could be defective design, a flawed manufacturing process or misleading marketing. In some cases, the surgeons cause the injuries during the implantation of devices, or they fail to inform the patients of the risks posed by the inventions. Such errors could lead to medical malpractice claims.

Known high-risk devices

If you are suffering adverse consequences after a medical procedure involving a defective device, you might be unsure of the most appropriate way to proceed. The following are just some of the known high-risk procedures and the types of legal action that followed:

  • Da Vinci robotic surgery: Although robotically-assisted surgical procedures reduce fatigue and stress in the surgeons who manipulate them to perform precise incisions and removals, the robots have injured several patients. Many victims filed products liability lawsuits against the robotics manufacturer.
  • Metal hip replacements: Both medical malpractice and products liability lawsuits have followed surgical implants of metal hip replacements. Misdiagnosis, surgical errors and failure to fully inform patients led to malpractice claims, and manufacturers of the hip replacements typically face lawsuits for post-operative injuries caused by the devices.
  • LASIK eye surgery: Under perfect conditions, this type of surgery can successfully correct various vision problems. However, equipment malfunction, improper use or the failure to ensure the suitability of the patient have led to cornea damage, resulting in both medical malpractice and product liability lawsuits.
  • Transvaginal Mesh: Mesh implants provide relief for women with stress urinary incontinence or pelvic prolapse, but relief can turn into suffering when the mesh deteriorates over time. Mesh erosion causes tiny, sharp bits of the mesh to perforate other organs, and most of the resulting lawsuits were against the manufacturers.

Your legal rights

If you are a victim of a defective medical device or procedure, you will likely have many questions about your legal options and your chances of recovering the financial and emotional damages. This is likely not a battle you would want to fight on your own. A Louisiana attorney with experience in both medical malpractice and product liability can assess the circumstances and suggest the best course of action. The lawyer’s support and guidance will significantly improve your chances of obtaining financial relief.