Implants and medical devices can be valuable instruments to improve and save lives. As a consumer and patient, you should be able to trust the implants and medical devices your doctor is using, however that is not always the case. The FDA testing requirements for medical devices is shockingly minimal compared to pharmaceuticals. Often there is very little safety testing before it goes to market, this can lead to serious complications or even death. Defects come from a failure in design, manufacturing, or marketing, but regardless of the reason when it happens to you, it can be overwhelming, frightening, and confusing.
Common types of implants and medical devices that may be defective include:
It is a violation of US Food and Drug Administration (FDA) law for an implant or medical device to be defective. Once an implant or medical device is deemed defective, the implant or medical device is recalled. The FDA reported sixty-one medical device recalls in 2014. The FDA categorizes recalls into three different classifications, based on risk to the public:
After an implant or medical device is recalled, the risk of leaving the implant or medical device in place must be weighed against the risk of its removal. Either scenario may lead to an exacerbation of symptoms as well as various complications.
If you or someone you love is suffering from complications due to a defective implant or medical device you may have a case against the manufacturer, retailer, doctor, hospital, clinic, or medical sales representative. You may be compensated for:
Big pharmaceutical and medical companies can be more concerned about making profits than the safety and protection of consumers and patients. Lawsuits against these companies are often complicated. These companies have teams of attorneys strategically designed to defend against any defective implant and medical device claim. You should have a team of attorneys as well.
The personal injury attorneys at Rubenstein Law have access to the best experts and the experience to fight these complex defective implant and medical device cases. We can help you understand your rights. Call us today for a free consultation at 1-800-FL-LEGAL or one of our offices across Florida so we can evaluate your case and help you weigh your options. We are here to answer your calls 24/7, nights and weekends.