Defective Medical Device

How to Recognize a Valid ‘Defective Medical Device’ Claim

by Staff Blogger | October 23rd, 2023

Medical devices are an integral part of modern healthcare in California, offering new hope and improved quality of life for patients. However, when these devices are defective, they can lead to catastrophic consequences, including health complications, injuries, and death.

If a medical product injures you, you may be able to file a California defective medical device claim to receive compensation. This can provide funds to help you pay for additional medical care or compensate you for other damages like lost wages or emotional distress.

Filing a claim requires you to stay informed about the device and know how to identify harmful defects. It can also mean working with a product liability attorney to determine if you have a valid claim.

What Constitutes a Defective Medical Device?

A defective medical product can lead to life-altering consequences for you and your family. If your medical device, such as a hip replacement, knee replacement, or birth control implant, has caused you harm, you may have a valid defective medical device claim if the following are present:

  • Unexpected side effects: If a device causes side effects that were not anticipated or documented during clinical trials and these side effects lead to harm, it may be considered defective.
  • Device malfunctions: A device that doesn’t work as intended, breaks easily, or fails to perform its medical function may be defective. This can lead to a claim if the malfunction results in harm or the need for additional medical intervention.

Legal Criteria for a Valid Claim

Your case needs to meet certain legal criteria to establish a valid claim. These criteria typically show that a medical device’s flaw poses a risk to patients. Legal claims surrounding defective medical products fall into these categories:

  • Design defects: This refers to inherent flaws in how the device was conceptualized or designed. For example, a heart valve implant design creates a device with sharp edges, leading to tissue damage when implanted. In this case, the initial design is flawed, allowing for a defective medical device claim.
  • Manufacturing defects: If a device is designed correctly, errors during production or assembly can still make it unsafe. For instance, a hip replacement is supposed to be made of biocompatible titanium. If the manufacturer uses the wrong type of metal and it causes harm, you can file a compensation claim.
  • Inadequate warnings: Manufacturers must provide clear warnings about potential risks associated with their devices. For instance, a company fails to warn that its pacemaker may malfunction if worn during an MRI. This can be grounds for a claim.

Tips to Support Your Defective Medical Device Claim

If you or a loved one has suffered because of a defective medical device, pursuing a claim can be a complex and challenging process. To support your claim, work with a skilled product liability attorney who can help you do the following: 

  • Document symptoms and side effects: Meticulously document any unexpected symptoms or side effects arising from the defective medical device. Provide a comprehensive description of these issues, including their characteristics, onset dates, and the degree of severity.
  • Seek medical attention: Consult a healthcare provider promptly if you experience adverse effects from the medical device. Professional diagnosis and treatment address your health concerns and create medical records that link your condition to the device’s malfunction.
  • Retain device documentation: Preserve all documentation associated with the medical device. This includes purchase invoices, user manuals, and any warnings or disclaimers provided by the manufacturer. These documents can provide valuable insights into the device’s intended use and potential risks.
  • Report the issue to authorities: Notify relevant regulatory bodies, such as the FDA, about the malfunction or side effects you’ve experienced. Regulatory reports help establish the device’s safety concerns, reinforcing your claim’s validity.
  • Collect testimonies and expert opinions: Gather statements from witnesses who observed the device malfunction or the harm it caused. Also, seek expert opinions to validate your claim objectively. Witness testimonies add credibility to your claim, while experts can provide assessments detailing the device’s defects and its impact on your health.
  • Choose the right legal representation: Work with an experienced attorney specializing in defective medical device claims. A knowledgeable legal representative from Berg Injury Lawyers can help you navigate the complexities of product liability laws, advocate for your rights, and work to secure the compensation you deserve.

Navigating Defective Medical Device Claims with Berg Injury Lawyers

Recognizing a valid California defective medical device claim is crucial if you’ve suffered harm from a faulty medical device. Our experienced attorneys at Berg Injury Lawyers understand the intricacies of defective medical device cases.

We can review the details of your case to determine if you have a valid defective medical product claim and help you pursue rightful compensation. We are dedicated to advocating for your rights and helping you receive a fair settlement to pay for your injuries. Contact us for a free consultation today.

3 Types of Medical Devices That Can Pose Serious Risks to Patients

by Staff Blogger | January 13th, 2020

For many people, implantable medical devices can make a huge difference in their quality of life. They can ease symptoms of serious illnesses and diseases and even restore mobility and reduce or eliminate chronic pain. But like all products, medical devices have the potential to be defective, whether it’s due to a flawed design, a flawed manufacturing process, or the use of inferior materials and components. Three common medical devices that are often associated with injuries, illnesses, and complications include:
  1. Joint replacements—A variety of conditions can cause people’s hips and knees to degrade and even fail. When that happens, they may require an artificial joint replacement. Unfortunately, joint replacements are subject to many possible complications, including metallic particles leaking into the bloodstream, infection, bleeding, and more.
  2. Surgical mesh—Surgical mesh is used both to support the internal structure of the vagina in women who have suffered pelvic organ prolapse, and also during hernia repair, chest wall construction, and the treatment of surgical wounds. Both hernia and transvaginal mesh are linked to serious complications, including organ perforation and bleeding.
  3. Birth control implants—Birth control implants are supposed to make contraception easier, more reliable, and more convenient for women. But some of them are linked to serious injuries, including implant breakage inside the body, internal organ perforation, bleeding, and more.
At Berg Injury Lawyers, our California defective medical device attorneys fight for the rights of people who were hurt by flawed and dangerous products. Contact us today for a free consultation if you or someone you love suffered because of a manufacturer’s negligence.

What Are the Signs That a Medical Device Is Defective?

by Staff Blogger | August 5th, 2019

Medical devices range from joint replacements and surgical meshes to birth control implants and blood clot filters. These products are designed to improve patients’ quality of life and alleviate their symptoms, but many of them pose risks when they’re implanted inside patients’ bodies. Like all products, medical devices can be defective for many different reasons. Some medical devices may be inherently dangerous due to flawed designs, while others may be dangerous due to the usage of inferior components during the manufacturing process. It’s up to medical device manufacturers to ensure their products are safe for patients, but they don’t always do that. If you or someone you love received a medical device, it’s important to be on the lookout for signs that it may be defective or dangerous. Common symptoms may include:
  • Bleeding—When medical devices break apart inside the body or move and press into tissue or organs, they can cause bleeding.
  • Pain—Medical devices may be painful at first, but they should be almost unnoticeable after patients heal. However, defective medical devices may cause extreme pain even long after patients have healed.
  • Reduced mobility—Joint replacements are supposed to make it easier for patients to get around, but when they’re defective, patients may struggle to use their affected joints.
If you believe that your medical device is failing or is defective, call your doctor right away. Then, get in touch with an experienced California defective product attorney at Berg Injury Lawyers. We’re here to take your call 24 hours a day—contact us now.

You Deserve Compensation If You Were Hurt by a Defective Medical Device

by Staff Blogger | June 3rd, 2019

Like prescription drugs, medical devices are supposed to go through multiple rounds of testing and approval before their manufacturers are allowed to sell them to hospitals, healthcare clinics, and patients. But because the research and development costs of medical devices are so high, product manufacturers are often desperate to get their devices approved for sale—and that means they may skip testing procedures or hide known complications. At Berg Injury Lawyers, our California defective product attorneys know the damage that dangerous medical devices can cause to innocent victims. Everything from joint replacements and birth control implants, to surgical mesh and pacemakers can put patients’ health and even their lives at risk. People who are harmed by defective medical devices often feel helpless, especially when they think about going up against multi-billion-dollar corporations. Our legal team believes that innocent victims should never have to pay for their own injury-related expenses out of their own pocket, and we aren’t afraid to stand up to big companies if it means getting victims the compensation they deserve. You trusted that the manufacturer of your medical device went through all of the proper steps to ensure safety and effectiveness, and if they failed to do so, they should be held responsible for their negligence. Contact us today to get an experienced and dedicated legal team on your side. We’re here to help.

Hurt by a Defective Medical Device? We’re Here to Help.

by Staff Blogger | January 14th, 2019

Medical devices can be life-changing for many of the patients who receive them. They’re designed to reduce pain, increase mobility, and improve quality of life for people with a variety of health problems and disabilities, including joint issues, hernias, and heart rhythm disorders. But like all products, medical devices must be safely engineered and thoroughly tested before they’re implanted in patients’ bodies. Unfortunately, some medical device manufacturers cut corners when pushing their products to the marketplace. In some cases, manufacturers may even hide data that shows how their products are potentially dangerous to patients in an effort to get them approved for sale. At Berg Injury Lawyers, our California defective product attorneys believe that negligent manufacturers should be held liable when their products harm innocent victims. If you or someone you love was hurt by a defective hip or knee replacement, a defective hernia mesh, a dangerous IUD, a defective pacemaker, or any other medical device, we’re here to help. We have many years of experience assisting victims like you, and we know what it takes to build strong cases on behalf of our clients. When you choose us to handle your defective device injury claim, we’ll collect evidence that proves the device manufacturer failed to uphold its duty to release products that were properly tested, and then we’ll prove that your injury or illness can be traced back to the device. Finally, we’ll negotiate to get you the compensation you deserve for your medical bills and lost wages. Contact us today for a free consultation, and let us put our experience to work for you.

What Should You Do if You Suspect Your Medical Device Is Defective?

by Staff Blogger | August 6th, 2018

Medical devices are designed to help people by treating their health conditions and improving their mobility and range of motion. But like all products, they’re subject to quality control issues—and that means some units can be defective and even dangerous. At Berg Injury Lawyers, our California defective product lawyers know that thousands of patients undergo procedures to have medical devices implanted or installed in their bodies every year. And while many of those patients experience only minor side effects, others may experience devastating complications that can be life-threatening. If you or someone you love received a medical device and you believe that it may be defective, it’s important to take the following two steps right away:
  • Call your doctor. Getting in touch with your doctor on the phone or in person and explaining your symptoms and any complications you’re experiencing is a vital step. Your doctor can examine you and determine whether your medical device is defective and what steps you might need to take to correct the issue.
  • Call a lawyer. If it’s determined that your medical device is defective, you may need revision surgery and other invasive treatments that are expensive and could put you out of work. Getting compensated for what you’ve been through requires evidence and a proactive mindset, and that’s why calling a lawyer right away can be beneficial.
Defective medical device injuries are serious and can even be fatal. Don’t wait to get the legal help you deserve. Call us today for a free consultation.

3 Common Medical Devices That Can Be Defective

by Staff Blogger | March 12th, 2018

Medical device manufacturers often promise that their products will provide relief to patients who suffer from a wide variety of health problems. And while many patients do benefit from medical devices, some may experience severe and even life-threatening complications—especially when those defective devices are implanted into their bodies. Medical devices can be defective for different reasons, including flawed designs, low-quality components, and flawed manufacturing processes. Because medical devices are often surgically implanted inside patients’ bodies, it may be difficult to tell if they have failed or are in the process of failing. That means patients may not realize the symptoms they’re experiencing are due to their medical devices breaking down. Although any medical device can be defective, three of the most common include:
  1. Hip replacements – There are several types of hip implants, and some of the most popular are linked to serious injuries, including bone fractures, metal poisoning (metallosis), tissue death, and bone loss.
  2. Knee replacements – Some knee replacements are also prone to failure, and patients who receive defective knee implants often experience debilitating symptoms that can include pain, reduced range of motion, instability, and difficulty walking.
  3. Birth control implants – For many women, the convenience and reliability of birth control implants is a major selling point, but some of those devices are linked to conditions that include internal organ damage, infection, and even infertility.
If you or someone you love was hurt by a medical device, the California defective product attorneys at Berg Injury Lawyers want to help. Call us today for a free consultation.

Questions to Ask Your Doctor Before Getting a Medical Device

by Staff Blogger | January 1st, 2018

Medical devices are designed to help patients get relief from debilitating pain and complications associated with illnesses and chronic health problems. But like all consumer products, some medical devices on the market have the potential to fail. Some even make it to the marketplace without proper testing or inspection. When failure-prone or poorly designed medical devices are implanted into peoples’ bodies or used to help them with health issues, serious side effects and complications can occur—some of which can be life-threatening. As a patient, you trust your doctor to always have your best interests in mind. However, doctors aren’t always up to date on information concerning medical devices, as recalls and warnings may be issued without significant publicity. At Berg Injury Lawyers, our California defective product lawyers know that being informed and knowledgeable about your medical treatment can be your best defense against a medical device injury. Before getting a medical device, ask your doctor the following questions:
  • What are the device’s side effects, warnings, and current status? Medical devices can provide life-changing relief, but all patients should weigh potential side effects and warnings before using them. In addition, patients should be aware that the U.S. Food and Drug Administration maintains a database of recalled medical devices, which gets updated multiple times weekly.
  • Is the device necessary? Some medical devices, especially implants, may provide permanent solutions to many health problems. But their permanence can lead to serious complications. Asking your doctor whether the device is necessary and if your health problems can be solved via alternative treatments can help you avoid potentially dangerous complications.
If you or someone you love was hurt by a medical device, you deserve legal representation from a law firm that knows how to get results. Our defective product attorneys are ready to build a claim on your behalf. Call us today for a free consultation.

Symptoms of Defective Medical Devices

by Staff Blogger | October 16th, 2017

Medical devices can bring life-changing relief from pain and other symptoms caused by illnesses and health conditions. But because they’re foreign objects that are inserted into the body, there’s always a risk that something will go wrong. Some medical devices are known to pose dangers to those who receive them due to manufacturing defects, surgical errors, or low-quality materials. When medical devices fail or are defective, patients can be at risk of developing life-threatening complications. At Berg Injury Lawyers, our California defective medical device lawyers want to help anyone who has been harmed by a medical device. Symptoms of defective medical devices include:
  • Bleeding – Medical devices can shift or break apart inside the body, causing tissue or organ damage, which results in severe bleeding.
  • Pain – One of the first symptoms that patients may notice if their medical devices are defective is pain. It can range from minor to excruciating, and it may be severe enough to put them out of work.
  • Infection – Medical devices aren’t always sterile. They can cause injuries that create a risk of serious infections, which can lead to systemic complications.
If you or someone you love suspects that your medical device is defective, call your doctor right away to get a full examination. Then, get in touch with an experienced law firm. We’re here to help 24/7, and our consultations are always free.

Surgical Robot Investigated as a Potentially Defective Medical Device

by Staff Blogger | June 10th, 2013

June 10, 2013 The U.S. Food and Drug Administration (FDA) announced it is looking into the risks involved Intuitive Surgical’s da Vinci Surgical Robot System and if it should be considered a Defective Medical Device. The unit has been used in thousands of hospital settings to perform numerous surgeries, including operations on vital organs. The device has been called a technological leap forward by many doctors because it allows them to use cameras and remote controls to perform microscopic procedures on patients that are often much less invasive than more traditional surgeries. The Missoulian explains the problem with the device is that many surgeons are inexperienced with the controls. This may result in mistakes that can leave patients with serious injuries. The FDA stated it is receiving an increasing number of complaints about mistakes made during procedures utilizing the device. In response, the agency is examining the claims and will then weigh the risks and benefits of the device to determine if it should continue to be used. Some believe the use of the robotics is to blame for surgical mistakes recorded during the use of the device, but others say individual risk factors were to blame for many of the surgical errors. The California Personal Injury Attorneys with Berg Injury Lawyers may be able to help an individual who was injured during a surgical procedure performed using the da Vinci Surgical Robot System.