Defective Medical Device Lawsuits By Greg Burton on November 22, 2022

A medical deviceMedical devices, like artificial joints, stents, and surgical mesh, can improve your quality of life and may even be lifesaving. But when medical devices don’t work properly, it can lead to serious harm.

Individuals harmed by defective medical devices may be entitled to compensation for their injuries and other damages. Attorneys Randy Akin and Greg Burton help victims recover the compensation they deserve through defective medical device lawsuits in Longview, TX; they can help if you believe you’ve been injured by a defective medical device.

What Is a Defective Medical Device?

A defective medical device is any device that does not work as intended. A device may be defective due to the materials used during manufacturing, problems with the design of the device, or other issues that affect how it works.

Defective medical devices can include artificial joints, stents, defibrillators, hernia mesh, and contraceptive devices.

About Defective Medical Device Lawsuits

A defective medical device lawsuit is also considered a product liability lawsuit. Through a product liability claim, it’s possible to hold parties liable for defects in medical devices that have caused injury or even death.

Legal action for a defective medical device may be sought when injuries occurred as a result of:

  • Known defects or safety concerns in a medical device, but the company fails to issue a recall
  • Hazardous materials were used in the manufacturing of the device
  • The device was poorly designed
  • Deceptive or misleading marketing of a device
  • Failure by the manufacturer or distributor to warn about risks or hazards associated with the device

Types of Claims for Defective Medical Device Lawsuits

There are a few different types of claims that may be made when filing a lawsuit for a defective medical device, including:

  • Manufacturing defects: A manufacturing defect means there’s an issue with a device that affects its usability and safety. Manufacturing defects can occur at any point and not just at the time a product is made, like during shipping.
  • Misleading marketing: Sometimes medical devices are marketed in a misleading way to make people believe the product can do more than it’s capable of or something entirely different.
  • Improperly marked devices: Devices that are not marked properly, such as missing warning labels or incorrect instructions for use, can cause a device to be used wrong and may lead to injury.
  • Poorly designed device: Sometimes defects occur in the design of a device, before it’s ever made. Design flaws can cause devices to fail or break when in use, potentially causing injury or death.

Who Is Liable for Medical Device Defects?

Almost any person or entity involved in the designing, manufacturing, distributing, or use of a medical device may be held liable for defects. Just who is liable will depend on the circumstances of each defective medical device claim.

Some parties that may be held liable in a lawsuit include:

  • Manufacturer
  • Retail supplier, such as pharmacy
  • Doctor, hospital, or clinic

What Type of Damages Are Available?

Medical devices that don’t work as intended can cause serious, sometimes permanent, injuries. Those in Longview who have been injured by a defective medical device deserve compensation for their injuries and other damages.

Through a defective medical device lawsuit, it may be possible to recover financial compensation for damages such as:

  • Medical expenses, including future expenses
  • Lost wages
  • Loss of or diminished earning capacity
  • Pain and suffering
  • Mental anguish

Schedule a Consultation

If you believe you or a loved one has been injured by a defective medical device, it’s important to speak with an attorney to discuss your legal options. To schedule a consultation with one of our Longview attorneys, please call (903) 297-8929.

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Randy Akin and Greg Burton

G.R. Akin, P.C.

Randy Akin and Greg Burton have more than 50 years of combined experience. They are affiliated with several professional associations, including:

  • Texas Bar Foundation
  • State Bar of Texas
  • Gregg County Bar Association

Contact us online to ask a question or call us at (903) 297-8929.

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