Medical devices are supposed to improve lives, not cause harm. Unfortunately, when manufacturers cut corners or fail to properly test their products, patients can suffer serious injuries and life-altering complications. These defective devices can lead to additional surgeries, extended recovery times, chronic pain, and in the most severe cases, permanent disability or death.
Our experienced legal team understands the physical, emotional, and financial burdens these injuries create, and we’re committed to helping you pursue the justice and compensation you deserve.
Dangerous Medical Devices and Their Complications
Many types of medical devices have been linked to serious complications, affecting thousands of patients in Fresno and throughout California:
- Hip and Knee Replacements: These implants can fail prematurely, causing metal poisoning (metallosis), bone loss, tissue damage, and the need for painful revision surgeries. Some metal-on-metal hip replacements have shown particularly high failure rates, leaving patients worse off than before their original surgery.
- Surgical Mesh Products: Used for hernia repairs and pelvic organ prolapse, these devices have caused severe complications including mesh erosion, organ perforation, chronic pain, infections, and autoimmune reactions. Many patients require multiple surgeries to remove fragments of mesh that have embedded in surrounding tissues.
- Insulin Pumps and Diabetes Devices: These critical devices can malfunction and deliver incorrect insulin doses, leading to dangerous blood sugar fluctuations. Software errors, mechanical failures, and connectivity issues have all contributed to serious patient harm and even deaths among diabetic patients.
- Cardiac Devices: Defective stents, pacemakers, and defibrillators can fail without warning, putting lives at immediate risk. Battery depletion, lead fractures, and programming errors in these life-sustaining devices have resulted in emergencies for patients with heart conditions who depend on their proper functioning.
- Birth Control Devices: Products like intrauterine devices (IUDs) have caused uterine perforation, device migration, pelvic inflammatory disease, and unexpected pregnancies. Some hormone-releasing implants have been linked to severe side effects and difficult removal procedures.
Signs Your Medical Device May Be Defective
Recognizing potential device malfunction early can prevent serious complications. Be alert for these warning signs:
- Unexpected Pain or Discomfort: Persistent or worsening pain near the implant site could indicate device migration, fracture, or inflammatory response to device materials.
- New Symptoms: Watch for swelling, redness, drainage, fever, unusual sounds (clicking/grinding), or reduced mobility that weren’t present before implantation.
- Unusual Test Results: Blood tests showing elevated metal levels or abnormal heart rhythms, or imaging revealing device displacement or breakage, can indicate problems before they become severe.
- Recall Notices: The FDA and manufacturers issue alerts when problems are identified. These may come through your healthcare provider, mail, or public announcements.
- Physician Concerns: If your doctor expresses worry about device function or suggests more frequent monitoring, take these concerns seriously.
If you experience any of these warning signs, consult both your doctor and an experienced defective medical device attorney to protect your health and legal rights.
Who Is Responsible for Defective Medical Devices
Medical device cases typically involve multiple responsible parties, each potentially liable for your injuries:
- Manufacturers: Companies producing unsafe products or prioritizing profits over adequate testing
- Designers: Teams creating fundamentally flawed device blueprints or specifications
- Testing Laboratories: Independent labs failing to identify hazards during quality control
- Marketing Companies: Firms misrepresenting device safety or downplaying known risks
- Healthcare Providers: Doctors or hospitals recommending products without proper warnings
Berg Injury Lawyers thoroughly investigates each case to identify all responsible parties and maximize your compensation.
Common Types of Medical Device Defects
Understanding your medical device’s specific defect is crucial for building a strong legal claim:
- Design Flaws: Inherent conceptual problems making devices dangerous even when manufactured correctly
- Manufacturing Errors: Production mistakes resulting in devices that deviate from design specifications
- Contamination Issues: Harmful substances introduced during production causing infections or inflammation
- Inadequate Safety Testing: Insufficient evaluation before market release, often to accelerate FDA approval
- Marketing Misrepresentations: False claims about safety, effectiveness, or longevity preventing informed decisions
The Process for Defective Medical Device Claims
If you believe a defective device caused your injury, understanding the legal journey ahead can help you prepare:
Initial Consultation and Case Evaluation
Our attorneys will review your situation in detail, examining your medical records and the device in question to determine if you have a viable claim. This initial assessment is completely free.
Medical Record Review
We work with medical experts to analyze your healthcare documentation, establishing the connection between your injuries and the defective device. This crucial step builds the foundation of your case by demonstrating causation.
Expert Consultations
We collaborate with engineers, medical specialists, and industry experts who can testify about device defects and how they caused your specific injuries. Their testimony helps translate complex technical information for judges and juries.
Individual Lawsuit vs. Mass Tort Litigation
Depending on your device and circumstances, your case might proceed as an individual lawsuit or become part of multidistrict litigation (MDL) alongside similar cases. We’ll advise you on the best approach for your situation.
We guide you through every step to make the process as smooth and stress-free as possible, handling the legal complexities while you focus on your health and recovery.
Compensation for Defective Medical Device Injuries
Victims of defective medical devices in Fresno may be eligible to recover substantial compensation for both economic and non-economic damages:
- Medical Expenses: This includes costs for all treatment related to the device failure, such as revision surgeries, hospitalizations, rehabilitation, medication, and ongoing medical monitoring. We also factor in anticipated future medical needs to ensure you’re covered for long-term care.
- Lost Income: Compensation for wages lost while recovering from device-related injuries, as well as diminished earning capacity if your injuries prevent you from returning to your previous occupation or working the same hours as before.
- Physical Pain and Suffering: Monetary recognition of the physical discomfort, chronic pain, and bodily distress caused by the defective device and subsequent treatments or surgeries to address complications.
- Emotional Trauma: Compensation for psychological impacts like anxiety, depression, PTSD, and loss of enjoyment of life resulting from your experience with the defective device and its consequences.
- Permanent Disability or Disfigurement: Additional compensation acknowledging the long-term or irreversible changes to your body function, appearance, or capabilities caused by the defective device.
Our goal is always to secure maximum compensation to help you address both the immediate and long-term consequences of your injuries and rebuild your life after a defective medical device failure.
No Fee Guarantee®
You might be worried about hiring an attorney because of the potential cost, but at Berg Injury Lawyers, if you don’t win, you pay nothing. There’s also no cost or obligation to hire simply to speak to one of our Fresno injury lawyers. We call that our No Fee Guarantee®.
Contact Berg Injury Lawyers Today
If you or a loved one suffered because of a defective medical device in Fresno, don’t wait to get help. The team at Berg Injury Lawyers is ready to evaluate your situation, explain your options, and fight for the justice and compensation you deserve.
Contact us today for a free consultation and take the first step toward holding negligent manufacturers accountable for the harm they’ve caused.
