Product Liability and Defective Medical Devices

Feb 25, 2016 | Defective Drugs, Person Injury, Product Liability

Medical devices, such as defibrillators, stents, implants, and contraceptive devices, are used by people to improve or maintain their health. These products come with an implied warranty, if written warnings are not stated in writing or verbally by the doctor, hospital, sales reps, and other medical providers. Check with an Oklahoma personal injury attorney if you were injured by a medical device. You might have a lawsuit against both the manufacturer of the product and the medical provider if you were injured by a medical device.

Types of Defective Product Liability Claims

There are three varieties of product liability claims resulting from defective medical devices:

  •      Defective Manufacturing – These medical devices were either damaged or improperly manufactured due to an error in the manufacturing facility, a problem with shipping, or errors that occur in the doctor’s office or hospital.
  •      Defective Design – These medical devices were manufactured properly, but the design of the product is dangerous. Often, products remain on the market for a while before it is recognized as defective in design. If a victim can prove the defective design was concealed by the manufacturer, they might recoup more money for punitive damages.
  •      Defective Marketing – These claims involve failure to provide adequate warnings or instructions regarding appropriate and safe usage of a product. This can include not only the manufacturer of the product, but doctors, sales reps, hospitals, and other medical providers not giving proper instruction to patients.

What Do I Need to Prove My Claim?

There are three aspects that must be proven in a medical device injury lawsuit:

  •      You must prove your injury.
  •      The medical device was defectively marketed or defectively designed.
  •      The defect, either in design or marketing, was the direct cause of your injury.

Class Action Lawsuits

When medical devices are manufactured or marketed defectively, there is a good chance that other people have sustained the same injuries as you have suffered. You should always check to see if there is a class action lawsuit already initiated about the medical device that caused your injuries. A class action lawsuit means that you already have an experienced lawyer, costs will be very little, and may not cost you at all, and you will not have to file a lengthy lawsuit, as it has already been initiated for the entire injured “class.”

Contact A Strong Personal Injury Attorney

Product liability cases are normally complex and involve sophisticated laws. Contact an Oklahoma personal injury lawyer if you have suffered injuries due to a defective medical device. You may contact the Robles Law Firm by calling 405-232-7980 or by filling out the contact form online.