Were You Seriously Harmed By A Defective Medical Device?

Medical devices are designed to diagnose and treat medical problems. Therefore, they should work correctly. Usually, medical devices work as they should; however, when they fail or malfunction because companies or regulators cut corners, the results may be disastrous or fatal for patients.

At Kaire & Heffernan, PLLC, we have been advocating for injury victims in the Miami area since 1997. Our extensive work in medical malpractice litigation and product liability claims has given us knowledge and experience in this area that many firms cannot match. If a dangerous and defective medical device seriously injures you or a loved one, we are ready to fight for you.

Defects Can Be Found Among A Wide Range Of Medical Devices

A medical device injury is a personal injury that people suffer because of medical devices that do not work as they are supposed to work. Almost any medical device can cause injuries under certain circumstances. Some of the common types of medical devices that have caused injuries include:

  • Blood glucose meters
  • Breast implants
  • Bronchoscopes
  • Catheters
  • Defibrillators
  • Dental sealants
  • Hip replacements
  • Incontinence devices
  • Knee replacements
  • Medical pumps
  • Pacemakers
  • Prosthetic limbs and accessories
  • Stents
  • Da Vinci surgical robots
  • Transvaginal mesh

Sometimes, these devices malfunction due to an oversight when the device is designed or manufactured, resulting in a defective product. Other times, a patient may suffer harm from a device during a medical procedure. Some examples of injuries that can occur from these injuries include metal poisoning, electrical shock, amnesia and broken bones. If the medical professionals treating the patient did not take the proper precautions to protect the patient before, during or after using the medical device, the negligent parties can be held responsible for the patient’s injuries. 

The FDA Is Tasked With Regulating Medical Devices

The United States Food and Drug Administration (FDA) is the government agency responsible for ensuring that medical devices are safe and effective. While the FDA follows procedures to ensure that medical devices receive the proper level of scrutiny, FDA approval is not a guarantee of safety. FDA approval does not shield the manufacturer of a medical device from liability. For a medical device to get approved by the FDA, it typically must pass the 510(k) clearance process. This process usually involves FDA regulators reviewing information and data on the device’s performance and comparing it to similar devices. 

The law requires manufacturers of medical devices to inform physicians of the health risks involved with a given device. However, the physician may be responsible for explaining those risks to the patient. The law also requires medical professionals to report to the FDA, the medical device’s manufacturer, and sometimes the medical device’s distributor all deaths, serious injuries and malfunctions that they suspect may be related to medical devices.

The FDA monitors the reports of problems with medical devices and alerts health professionals and the general public when such alerts are needed to ensure the proper use of medical devices and the safety of patients. Sometimes, the FDA will recall medical devices from the market if the agency receives enough information to indicate that a recall is necessary to protect the public. To find the FDA’s latest information about recalls, visit the agency’s medical device recalls page.

If the device that hurt you gets recalled, it can serve as significant and robust evidence in your case, mainly if the supposed defect was responsible for your injury. Call our office today at 305-376-7860 so we can discuss these matters further. 

Numerous Parties May Be Held Liable For Injuries Caused By Medical Devices

The designers and manufacturers of medical devices are responsible for creating safe devices. Depending on the circumstances of the patient’s injury, a patient may be able to pursue legal recourse against the following persons or companies:

  • The designer of the faulty medical device
  • The manufacturer of the faulty medical device
  • The distributor of the faulty medical device
  • The doctor who performed a procedure on the patient using a faulty medical device

As your attorneys, we will thoroughly investigate the details of your claim to ensure that all liable parties are identified. This will ensure maximum accountability and could also increase your total compensation.

What Kind Of Compensation Can You Recover?

You can obtain damages for many reasons in your medical device injury case. A few examples of those include compensation for: 

  • Emotional pain and suffering. 
  • Covering medical treatments associated with your injury.
  • Covering time away from work to recover from your injury.
  • Providing disability benefits if your injury leaves you unable to work. 
  • Provide occupational training if you can no longer work at your current job. 

You deserve to seek damages and justice for the harm you and your loved ones have suffered as a result of your injury. Contact us today so we can get started on your case. 

Discuss Your Case With Our Experienced And Caring Attorneys

If a faulty medical device has injured you, please seek appropriate medical treatment immediately. Then, contact us for a free and confidential consultation about your case. You may contact us online or at 305-376-7860 to arrange your consultation. We serve clients in and around Miami, Florida. Se habla español.