When you think about the miracles modern medicine can perform to save lives, to improve the quality of lives and relieve suffering, it is shocking to know that some of the medical devices that make those miracles possible can also cause irreparable harm and death to patients. Defective medical devices which were supposed to treat an illness or ailment, can fail causing serious injury and death to the patient.
Examples of defective medical devices
Here are some examples of medical devices that can cause death in patients when they are defective and fail after being implanted in the body:
- IVC (inferior vena cava) filters
- Hip, knee and shoulder replacements
- Pace makers
- Transvaginal mesh
The three types of medical device claims
There are three general categories for product liability claims, which is the legal term for a defective product claim:
- Defective design. The defect was introduced in the design process. For example, replacement hip or knee joints that were designed with metal-on-metal parts had a defect in their design. A products liability case based on design defects would investigate when the manufacturer realized the flaw in the device’s design and when they acted to recall the product and warn consumers who had already had the device implanted in their bodies.
- Manufacturing defect. If the defect in a medical device was introduced in the manufacturing stage, your case might focus on which stage of manufacturing the defect occurred.
- Defective marketing. This category is also called failure to warn because marketing involves the information that the manufacturer provides to the users about the product and how it is used. If the manufacturer was aware of the inherent dangers involved with using their product, but failed to warn doctors and consumers, it can lead to serious injury and death.
Wrongful death from a defective medical device
If a loved one dies because of a defective medical device, their survivors can file a wrongful death lawsuit to recover compensation for their losses, and and to hold the negligent party accountable for its actions. An experienced Arizona wrongful death attorney can represent you in pursuing the following types of damages:
- Medical expenses
- Lost wages and loss of future earnings
- Funeral expenses
- Mental anguish
- Loss of consortium
If someone you care about has died because of a defective medical device, Arizona has a two-year statute of limitation for filing a wrongful death lawsuit. Hesitating to seek justice might cause you to lose the opportunity to take legal action and recover compensation.
At Plattner Verderame, P.C., our Arizona defective medical device attorneys represent clients who have suffered injury from defective products. We accept cases on a contingency-fee basis, so you don’t pay attorney fees unless you win. You are welcome to call us at 602-266-2002 or contact us today to learn how our team of Arizona Bar Board Certified Specialists in Personal Injury and Wrongful Death Litigation can fight for your rights after you have been hurt due to a defective product.
Partner Frank Verderame is a seasoned trial attorney, who has dedicated his life to helping victims of serious injuries. He is a Board Certified Specialist in Personal Injury and Wrongful Death Litigation, and has been an active part of legal communities and organizations since he started his practice, back in 1983.
Read more about Frank Verderame