Companies and industries that manufacture, distribute, and sell medical products must take serious measures and precautions to ensure that their products are safe for patients to use. While the FDA actively works to determine the sound reliability of medical devices, sometimes a product may be in use for years before its defect presents itself. In any event, a defective medical device can have devastating consequences for victims and their families, causing a variety of severe injuries or wrongful death, during surgery and with implanted devices.
If a defective medical device has caused an injury or wrongful death to you or a loved one, contact the experienced Boston personal injury lawyers at Bellotti Law Group, P.C. today for a FREE consultation to discuss your options at 617-225-2100. We have decades of experience successfully handling every type of medical malpractice case.
Every year, hundreds of new and different medical devices, including:
- Joint replacement components
- Cosmetic implants
- Surgical implants
Improper manufacturing can cause device failures resulting in detrimental injuries and side effects to the individuals who depend on them.
The injuries caused to individuals by defective medical devices are the result of either:
- Defective design
- Manufacturing error
- Failure to warn the consumer about possible harm associated with the products
What Are Medical Devices?
Medical devices are items used for diagnosing, treating, or medicating patients’ countless conditions. These items that are cannot be absorbed into the body, and therefore medications do not classify from medical devices.
The World Health Organization disclosed that there are over 2 million different medical devices available in the world. Common medical devices include: bandaids, wheelchairs, pacemakers, catheters, and implants. Based on the risk medical devices present, the devices are organized into three different classes.
Class 1: Medical devices in this class have the lowest amount of risk, and are often used without fear of serious defects.
Class 2: Medical devices in this class have more risk. Most of the devices in this category are used by, or in the presence of, a medical professional.
Class 3: Medical devices in this class have the highest amount of risk. They require long term supervision and inspections to maintain safety.
Common Problems with Defective Medical Devices
The purpose of medical devices is to improve the quality of life of the user. For example, if a person is dealing with chronic pain, medical devices can be used to help alleviate the pain and offer the individual comfort.
However, some medical devices have serious problems that result in an increased risk of injury and wrongful death. The following are problems that defective medical devices can cause:
Implant Defects: People usually receive implants in order to increase their mobility. However, implants are supposed to have long lifetimes, but could potentially fail and stop responding after a certain amount of time. If an implant fails soon after it was placed into your body, then it is defective.
Osteolysis: Debris from hip implants might start to gather in the body’s tissue. This debris could lead to the destruction of bones, and this condition is termed osteolysis. Defective implants may cause that problem.
Allergies: Materials that create medical devices could cause allergic reactions in the body, and increase the risk for severe injuries. If manufacturers are unaware that the implant may cause an allergic reaction, then they may be negligent.
Who Is Liable For Injuries Caused By Defective Medical Devices?
Under Massachusetts State law, product manufacturers, distributors, and designers have a responsibility to create and distribute safe products. The manufacturer has a duty to design and distribute devices that eliminate hazards from products. If the manufacturer creates a defective medical product or fails to provide reasonable and accurate warnings of the dangers associated with the device, it will be liable for any injury you have suffered.
If you believe you or a family member suffered a serious or disabling injury through negligence on the part of a manufacturing company for a medical device, contact the Boston personal injury attorneys at Bellotti Law Group, P.C. today. We have offices in Boston, Cambridge, and Quincy and serve all of Massachusetts.