There are a broad range of medical devices intended to treat various conditions and improve the health of patients. From joint replacements to pacemakers and indwelling defibrillators, to spine stimulators, various stents, ventilators/respirators and vital sign monitoring equipment, these devices are supposed to be designed, manufactured and function within exacting standards. When a patient is injured by a poorly designed or otherwise defective/malfunctioning medical device, they may be able to seek compensation for their injuries by virtue of a product liability claim.
There are a few different types of claims that can be filed when faulty medical devices result in significant injuries. These claims can be challenging, are quite complex and require retaining expert bioengineers and other healthcare specialists, and may require the institution of litigation against varied defendants including product designers, manufacturers distributors and end users. Accordingly, it’s necessary to retain legal counsel familiar with the idiosyncrasies of these claims.
Types of Defective Medical Device Claims
- Defectively Manufactured/Distributed Medical Devices: Medical devices that were incorrectly constructed/damaged during the manufacturing process or damaged somewhere between the production facility and delivery to the consumer will fall under this type of claim. A defectively manufactured device claim may include assertions of negligence on the part of the manufacturer, shipper/distributor or healthcare provider.
- Defectively Designed Medical Devices: A product which is defective by the very nature of its design and its failures to properly perform the tasks for which intended give rise to claims of this type. These claims may include assertions that as manufacturer had knowledge of the defects and the potential for harm and/or failed to properly test and assess the integrity of the product.
- Defectively Marketed Medical Devices: These claims may include assertions that the product lacks adequate and proper warnings or instructions for use. The absence or inaccuracy of these materials can lead to the unsafe use of products, creating a dangerous condition resulting in injury.
Seek Counsel From a Personal Injury Lawyer
If you or a loved one has been injured by a defective medical device, it is well advised to retain the counsel of a New Jersey personal injury lawyer with experience in pursuing claims of this nature. Blume Forte Fried Zerres & Molinari has decades of experience protecting the rights of consumers in the investigation and pursuit of these complex cases. Call us at (973) 635-5400 to discuss your potential claim.