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Defective Medical Devices
While medical devices are important in the treatment of injury, disease, illness, and disability, they can also make a condition worse or even cause serious injury or death if they are defective. Over the past decade, several medical devices have encountered serious legal problems after it was discovered that many patients were harmed. Common medical devices found to be defective include:
- Surgical mesh
- IVC filters
Unfortunately, thousands have been hurt by medical devices that were supposed to help them. Instead of promptly recalling faulty devices, sometimes manufacturers attempt to cover the defect and deny there is a problem with the device. The longer a product remains available, the more people are hurt. While the Food and Drug Administration (FDA) can issue a product recall, this usually only happens once thousands are hurt.
Common Defective Medical Devices
Hundreds of medical devices have been found to be defective over the years. Common faulty medical devices in recent history include:
- Pacemakers that stop working or do not keep a steady heart rhythm
- Heart valve implants that break or leak and prompt the need for repeat surgery or cause a fatality
- Infection caused by a non-sterilized or poorly made device
- Defective knee and hip implant parts
IVC Filter Lawsuit
The Inferior Vena Cava (IVC) is a major vein that transports blood from the lower part of the body to the heart. An IVC filter is a small wire device inserted into the vein in patients at risk of a pulmonary embolism. The purpose of this filter is to prevent blood clots from entering the brain, lungs, and heart by capturing them and allowing them to break down safely.
These filters are often placed in patients who cannot take anticoagulant drugs for medical reasons. Unfortunately, IVC blood clot filters have been found to sometimes fall out of place or fall apart. These devices, which are made of metal, can then move through the blood and puncture a vein wall or cause organ damage. There are also reports of blood clots at the site where the device was inserted.
If you have been injured by an IVC filter, you may have legal options and the right to compensation. Contact the Law Office of Tawni Takagi for a free consultation with a defective medical device attorney to explore your options.
Transvaginal Mesh Lawsuit
Transvaginal mesh, also known as bladder slings or pelvic mesh, are surgically implanted to correct stress urinary incontinence (SUI) or pelvic organ prolapse (POP). While surgical mesh has been used for more than 50 years to correct hernias, the use of surgical mesh to treat SUI and POP began in the 1990s with the first transvaginal mesh for SUI approved by the FDA in 1996.
Unfortunately, tens of thousands of women have suffered from financial, emotional, and physical distress as a result of transvaginal mesh products that were poorly designed and not tested well enough.
Transvaginal mesh lawsuits over the last few years have accused mesh manufacturers of concealing that their product could cause debilitating injuries, failing to warn of potential complications, and failing to establish safe ways to remove pelvic mesh.
If you were harmed by a pelvic mesh implant, you may have legal options and the right to compensation. Contact the Law Office of Tawni Takagi for a free consultation.
Product Liability Claims for Medical Devices
There are three types of product liability claims that may arise due to a defective medical device:
- Defectively made medical devices. These devices were not manufactured correctly or damaged. This may be due to an error during manufacturing, a shipment issue, or a mistake at the doctor’s office or hospital.
- Medical devices with a bad design. These cases involve devices that were manufactured correctly but have an unreasonably dangerous design that caused injury. These devices may be on the market for some time and break down over time, leading to injury. Sometimes, victims can claim the manufacturer was aware of the danger but concealed it or delayed recalling the product.
- Defective marketing of a medical device. This refers to any warning (or lack of warning), recommendation, or instruction concerning the use of a medical device. This type of claim may result from a manufacturer, doctor, hospital, or sales representative failing to offer sufficient warnings about the dangers of the device.
Depending on the circumstances of your case, you may have a claim against a doctor who did not warn you of potential dangers, a hospital or clinic, a medical sales representative, the manufacturer, the retail supplier, or the testing laboratory.
Surgery is often required to use or implant a medical device and patients who receive a defective medical implant or device generally need additional surgery and further injuries. Medical device liability claims are notoriously complex and require an experienced personal injury attorney to pursue a case against the manufacturer, sales representative, testing lab, or hospital.
Contact a Faulty Medical Device Attorney in Los Angeles
Manufacturers should be held responsible for defective medical devices that cause injury. If you have been hurt by a poorly manufactured device or a medical device that did not come with sufficient warnings, you may have a claim to seek compensation for your injuries and pain. Contact the Law Office of Tawni Takagi today for a free consultation with a California product liability attorney to discuss your case and explore your legal options.