Defective Medical Device
What Should You Do if You Suspect Your Medical Device Is Defective?
| 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
| 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:
- 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.
- 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.
- 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
| 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
| 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
| 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.
FDA Proposes New System To Battle Problem Of Defective Medical Devices
| September 24th, 2012
September 24, 2012
With thousands of lawsuits and claims being filed because of serious or permanent injuries stemming from defective medical devices, the U.S. Food and Drug Administration (FDA) has submitted a new plan to help keep track of products on the market and reports of their adverse effects. According to the press release, the FDA hopes to one day have every medical device issued a unique code that would not only give information about the product and what it is used for, but also when and where it was manufactured.
The agency hopes to accomplish this goal by implementing four major steps, including:
- Establish and promote the incorporation of a Unique Device Identification (UDI) system into the health industry.
- Create national and international registries for products selected to go to market in the United States.
- Update the Adverse Event Reporting and Analysis systems.
- Develop and utilize new methods for evidence generation, synthesis, and appraisal.
The FDA hopes the program will make gathering information about certain medical devices easier to find, as well as creating a more detailed and efficient reporting system for when a problem is discovered. The agency has already begun to introduce the system, which includes certain hip implant and transvaginal mesh models.
The California personal injury lawyers with Berg Injury Lawyers hope that the system will help to better protect patients from the dangers of defective medical devices and the injuries that they can inflict.
California Database Tracks Deadbeat Doctors
| January 23rd, 2012
January 23, 2012
The state of California has created a database of information that has offered residents a way to monitor which doctors in the state have been reprimanded for crimes or malpractice. The database was created in order to make information about doctors who do not properly care for patients public knowledge so that others are not hurt by their mistakes.
The database can be accessed by anyone via the Medical Board of California website and can show users information regarding a doctors educational history, license information, and public records of any complaints or charges filed against the individual doctor.
Doctors are searchable by name and license number and type. If you are having trouble finding your doctor in the system, it could be good or a bad. Doctors who have not ever been disciplined are not listed in the system; however, the database in only current through 2010, so if action has been taken against the doctor in recent years, it will not be listed either.
A quick search of the city of Alameda, California, turned up the names of nine doctors who had been disciplined as far back as eighteen years ago, and as recently as two. Several were for notices to surrender a license, while another showed information regarding a $2,000,000 medical malpractice lawsuit.
The California medical malpractice attorneys with Berg Injury Lawyers would encourage all California residents to check their doctor’s names against the system to ensure the person you get your medical advice from has not made a costly, and sometimes fatal, mistake in the past.
Governor Jerry Brown Enacts New Laws In California
| October 3rd, 2011
October 3, 2011
Governor Jerry Brown enacted several pieces of legislature on Sunday that will directly impact the health care and insurance Californians receive. One of these new laws, which removed the ban on male circumcisions, has caused quite a stir.
According to The Oakland Tribune, the new law prohibits cities and counties from banning male circumcisions. Those supporting the legislature say the law will protect religious freedoms, as the procedure is a religious tradition most Jewish and Muslim males have performed. Also, experts say the procedure reduces the risk for infections, such as HIV and cancer.
Those against the bill likened the procedure to that of female circumcision, which has long been outlawed in the United States because of the negative impact on a woman’s mental and physical health, neither which are problems linked to male circumcision.
The California Accident Attorneys with Berg Injury Lawyers want to hear your opinions on the recently passed bill. Will the new law protecting circumcision rights also protect basic first amendment rights to freedom of religion, or is the procedure barbaric, out of date, and/or unethical? Post what you think on our Facebook wall.
San Francisco Files Suit Against Insurance Companies
| May 31st, 2011
May 30, 2011
Patients requiring emergency services at the hospital are not the only ones having to fight tooth-and-nail with insurance companies to get what they need and deserve. CBS-San Francisco reported last Wednesday that the city of San Francisco has filed lawsuit against three prominent insurance companies. City Attorney, Dennis Herrera claims the three companies- Blue Cross of California, Anthem Blue Cross Life and Health Insurance Company, and Health Net- underpaid San Francisco General Hospital on emergency care reimbursements.
Herrera insists that the insurer’s shortchange will cost San Francisco taxpayer’s millions of dollars considering the fact that the emergency department at the hospital receives more than 50,000 visits per year. He was quoted as saying, “These defendants are putting on the backs of taxpayer’s the obligation to make up the shortfalls,” The city is seeking an injunction from the court that will force the companies to pay more for each claim, while also seeking civil penalties of $2500 for each infraction of underpaid claims.
Anthem Blue Cross responded by saying the claims have no merit and that they will “vigorously” defend their billing process and procedure.
If you feel your insurer may have shortchanged you, contact a California personal injury lawyer with Berg Injury Lawyers. One client, Joyce Ross, was quoted as saying “After the accident I learned very quickly that I could not trust the insurance company. My case went to trial. I received twenty times more than the insurance company offered because of Berg Injury Lawyers.”
Supreme Court ruling could have serious consequences for injured victims
| March 7th, 2008
The Supreme Court recently handed down a ruling regarding defective medical devices that may have serious ramification for the victims of California defective medical product injuries. A California defective medical device injury can be life-altering and extremely painful; injuries suffered from devices that were negligently manufactured—such as an artificial hip implant laden with bacteria or a painkiller patch that leaks and exposes users to harmful levels of dangerous drugs—can even result in death.
The Supreme Court ruled that a medical device manufacturer, despite if one of their devices is later proven to be defective, is not liable for damages to a harmed individual if the device was originally approved by the Food and Drug Administration (FDA). This ruling comes as a huge surprise to most Americans, who expect our courts to be able to help us if we fall victim to a California defective medical device injury.
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