Florida Defective Medical Device Lawyer | Miami Product Liability Attorneys

Medical devices are meant to improve our quality of life, assist in the recovery process, or even save lives. However, when a medical device fails due to design flaws, manufacturing defects, or inadequate warnings, it can cause severe harm to patients. From defective hip implants to malfunctioning pacemakers, the consequences can be life-altering. If you’ve been harmed by a faulty medical device, you may have legal options to pursue compensation through a defective product lawsuit.

In this blog, we’ll explore the process of filing a defective product lawsuit for medical devices, discuss common defects in medical devices, and explain your legal rights as a victim. We’ll also cover what you need to prove in these cases and the types of compensation you may be entitled to. At Flanagan & Bodenheimer Injury and Wrongful Death Law Firm, we are here to help you understand and navigate the complex world of product liability as it relates to medical devices.

Understanding Medical Device Defects

Medical devices range from simple tools like crutches to complex machines like pacemakers and insulin pumps. Regardless of their complexity, all medical devices must adhere to strict regulations and meet safety standards set by the U.S. Food and Drug Administration (FDA). Despite these regulations, some devices make it to market with flaws that can cause serious harm.

There are three main types of defects in medical device lawsuits:

Design Defects

A design defect occurs when the product is inherently dangerous or defective due to its design. Even if it is manufactured correctly, the device may still pose a risk to patients because of how it was designed. For example, a hip implant with a faulty design could wear out prematurely, causing pain and requiring corrective surgery.

Manufacturing Defects

Manufacturing defects occur during the production process. Even if the device’s design is safe, errors during manufacturing—such as using substandard materials or faulty assembly—can result in a dangerous product. For instance, a pacemaker might be manufactured with defective wiring, causing it to malfunction and put a patient’s life at risk.

Failure to Warn (Labeling Defects)

Medical devices come with instructions and warnings about their use, potential risks, and side effects. If the manufacturer fails to provide adequate warnings or instructions, patients and doctors may unknowingly use the device incorrectly, leading to injury. An example would be a surgical mesh product that fails to warn of the risk of severe complications during implantation.

Common Medical Devices Involved in Defective Product Lawsuits

Some medical devices are more prone to defects due to their complexity or widespread use. Here are some common devices that have been the subject of defective product lawsuits:

• Hip and Knee Implants: Hip and knee implants are meant to replace damaged joints and restore mobility, but when these devices fail due to design flaws or improper manufacturing, patients can experience severe pain, infection, and the need for revision surgeries. Many lawsuits have been filed against manufacturers of defective implants, such as the DePuy hip implant litigation.
• Pacemakers and Defibrillators: Pacemakers and defibrillators are life-saving devices implanted to regulate heart rhythms. When these devices malfunction, they can cause serious health issues, including heart attacks or strokes. Manufacturing defects or design flaws in these devices have led to numerous lawsuits against manufacturers like Medtronic.
• Transvaginal Mesh: Used to treat pelvic organ prolapse and stress urinary incontinence, transvaginal mesh has been the subject of thousands of lawsuits. Many patients have experienced severe complications, including organ perforation, pain, and infection, leading to the need for multiple corrective surgeries. These cases often focus on both design defects and inadequate warnings.
• Breast Implants: Breast implants, particularly textured implants, have been linked to a rare form of cancer known as breast implant-associated anaplastic large cell lymphoma (BIA-ALCL). Lawsuits against breast implant manufacturers often claim that the devices were defectively designed and that patients were not properly warned of the risks.
• Insulin Pumps: Insulin pumps are used by diabetic patients to regulate blood sugar levels. If the device malfunctions, it can deliver too much or too little insulin, leading to life-threatening complications such as hypoglycemia or hyperglycemia. Defective insulin pumps have led to recalls and numerous lawsuits.
• IVC Filters: Inferior vena cava (IVC) filters are devices implanted in patients to prevent blood clots from traveling to the lungs. However, some of these filters have been known to break, migrate, or puncture veins, causing severe complications. Manufacturers like Bard and Cook Medical have faced thousands of lawsuits for defective IVC filters.
• Surgical Tools and Implants: Many surgical tools and implants have been subject to recalls and lawsuits. Devices such as spinal implants, hernia mesh, and even certain types of stents have been found to cause harm due to design defects or poor manufacturing practices.

Filing a Defective Product Lawsuit for Medical Devices

Below is an overview of the steps involved in filing a defective product lawsuit for a medical device.

Step 1: Seek Medical Attention

Your health and well-being should always come first. If you believe a medical device has caused you harm, seek medical attention immediately. Your doctor can assess the damage and determine whether the device is responsible for your injury. Keep detailed records of all your medical treatments, as these will be critical for your lawsuit.

Step 2: Consult an Experienced Product Liability Lawyer

Product liability cases involving medical devices are intricate and often require a thorough understanding of both medical and legal matters. Consulting with an experienced defective product lawyer is essential. At Flanagan & Bodenheimer, we offer free consultations to review your case and help you determine whether you have grounds for a lawsuit.

Step 3: Investigate the Device and Your Injuries

Once you hire an attorney, they will begin investigating the case. This includes:

• Gathering your medical records and any documentation related to the device.
• Researching the medical device in question, including its history of recalls, previous lawsuits, and FDA approval.
• Consulting medical experts to determine whether the device was the direct cause of your injury.

Step 4: File the Lawsuit

If the investigation reveals that the device was defective and caused your injury, your attorney will file a lawsuit on your behalf. The lawsuit will be filed against the manufacturer, and in some cases, the distributor or healthcare provider involved in the implantation of the device.

Step 5: Prove Negligence or Strict Liability

There are two primary legal theories that may apply to your case: negligence and strict liability.

• Negligence: In some cases, the manufacturer may be held liable if it can be shown that they were negligent in designing, manufacturing, or marketing the product. This could include failing to conduct proper safety testing or ignoring potential risks.
• Strict Liability: Under strict liability, you do not have to prove that the manufacturer was negligent. Instead, you only need to prove that the product was defective and that it caused your injury. Florida law follows the doctrine of strict liability in many product defect cases, meaning manufacturers can be held responsible regardless of intent.

Step 6: Negotiating Settlements or Going to Trial

Many defective product cases are settled before trial through negotiations with the manufacturer or their insurance company. Your attorney will negotiate on your behalf to secure a fair settlement that covers your medical expenses, lost wages, pain and suffering, and other damages. If a fair settlement cannot be reached, your case may go to trial, where a jury will determine whether the manufacturer is liable for your injuries.

Types of Compensation in Defective Product Lawsuits

If you succeed in your defective product lawsuit, you may be entitled to several types of compensation:

• Medical Expenses: This includes compensation for past and future medical bills related to the injury caused by the defective device.
• Lost Wages: If your injury prevented you from working, you may be entitled to compensation for lost wages and future earning capacity.
• Pain and Suffering: Non-economic damages, such as physical pain, emotional distress, and loss of enjoyment of life, may also be awarded.
• Punitive Damages: In some cases, punitive damages may be awarded if the manufacturer’s conduct was particularly reckless or egregious. These damages are meant to punish the defendant and deter future misconduct.

Recent Medical Device Lawsuits in the US

The medical device industry has seen a significant number of lawsuits in recent years due to defective products that have caused serious harm to patients. These lawsuits highlight the ongoing need for accountability and stringent safety regulations in the design, manufacturing, and marketing of medical devices. Below are some notable recent medical device lawsuits:

Essure Birth Control Device Lawsuits

Essure, a permanent birth control device manufactured by Bayer, has been the subject of thousands of lawsuits. Plaintiffs allege that the device caused severe complications such as perforation of the uterus, chronic pain, and unintended pregnancies. Bayer faced intense legal pressure and ultimately stopped selling the device in the U.S. in 2018.

3M Bair Hugger Warming Blanket Lawsuits

The Bair Hugger warming blanket, used during surgeries to regulate body temperature, has been linked to infections due to contamination from airborne bacteria. Patients who experienced serious infections following joint surgeries have filed lawsuits against 3M, alleging the company failed to warn about the potential risks.

Hernia Mesh Lawsuits

Several hernia mesh products, including those manufactured by companies like Ethicon and C.R. Bard, have been the focus of lawsuits due to complications such as chronic pain, infections, and device failure. Thousands of plaintiffs have alleged that the defective mesh caused severe health problems, leading to the need for corrective surgeries.

DePuy Hip Implant Lawsuits

DePuy Orthopaedics, a subsidiary of Johnson & Johnson, has faced numerous lawsuits related to its hip implants. Patients have claimed that the metal-on-metal design of the implants caused severe complications such as metal poisoning, implant failure, and the need for revision surgeries. Settlements have amounted to billions of dollars in compensation.

Philips CPAP Machine Recall and Lawsuits

Philips recalled millions of its CPAP and BiPAP machines due to the presence of potentially toxic foam that could break down and be inhaled or ingested by users, causing respiratory issues, cancer, and other serious conditions. Lawsuits have been filed by patients who developed severe health problems due to the defective machines.

Wrongful Death Lawsuits Due to Defective Medical Devices

When a defective medical device causes the untimely death of a loved one, the impact is devastating. Families not only suffer emotionally but may also face significant financial burdens due to medical bills, funeral expenses, and the loss of income. In these tragic cases, a wrongful death lawsuit can provide a way to hold manufacturers accountable and seek justice on behalf of the deceased.

What Is a Wrongful Death Lawsuit?

A wrongful death lawsuit is a legal claim filed by the surviving family members of someone who has died due to the negligent or wrongful actions of another party. In cases involving defective medical devices, the wrongful death claim is typically brought against the manufacturer, distributor, or healthcare provider responsible for the faulty device. These claims seek to recover damages for the losses caused by the death, including both economic and non-economic damages.

Wrongful death lawsuits involving defective medical devices are complex and often involve large medical device manufacturers with strong legal defense teams. Having experienced legal representation is critical in these cases.

At Flanagan & Bodenheimer Injury and Wrongful Death Law Firm, we have a proven track record of holding manufacturers accountable and securing compensation for grieving families. We handle the legal complexities so that you can focus on healing and honoring the memory of your loved one.

Free Consultation With a Defective Medical Device Attorney

In Florida, you generally have two years from the date of your injury to file a product liability lawsuit. If the defective device caused a wrongful death, the statute of limitations is two years from the date of death. It’s crucial to act quickly, as failing to file within the statute of limitations may prevent you from recovering compensation.

If you or a loved one has been harmed by a defective medical device, you don’t have to navigate the legal process alone. At Flanagan & Bodenheimer Injury and Wrongful Death Law Firm, we are dedicated to helping victims of defective products pursue justice and secure the compensation they deserve.

Our law firm specializes in personal injury cases, including car accidents, truck accidents, motorcycle accidents, medical malpractice, cruise ship injuries, slip and fall accidents, negligent security, and wrongful death claims. Our experienced legal team is dedicated to serving clients throughout all of Florida, including Miami, Brickell, Miami Beach, Hollywood, Fort Lauderdale, Aventura, Coral Gables, Kendall, Hialeah, Homestead, West Palm Beach, Orlando, Tampa, Jacksonville, and other surrounding areas.

Contact us today at 305-638-4143 for a free consultation to discuss your case. We have the experience and resources necessary to hold manufacturers accountable for the harm their products cause. Let us help you take the first step toward recovery and justice.

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