Defective Medical Device FAQ

If you suspect that you have a medical device that is defective or has been recalled, first contact your doctor to discuss your treatment options. If you believe you have suffered injury because of a defective medical device, you should call an experienced medical device lawyer lawyer.

Medical device companies have the duty to ensure that the medical devices they design, manufacture and market are safe and to warn consumers of potential risks. If the medical device maker fails to meet these obligations, it is liable for injuries. In addition, other entities such as the distributor may be liable.

Generally speaking, no. The prescribing physician normally relies upon the representations of the manufacturer and the FDA. We do not ordinarily pursue claims against the prescriber.

Medical device manufacturing is a multi-billion dollar industry. Sometimes, clinical trials—testing of the device prior to marketing—are insufficient. Sometimes key facts from clinical trials might be omitted or covered up in order to obtain FDA approval. Often times, it takes time—sometimes years—before a sufficient number of adverse drug events are linked to the device. Medical device recalls and warnings generally occur after the Food and Drug Administration has received a significant number of reports of adverse effects from physicians.

The list of medical device claims we are investigating is available on our Dangerous Medical Device page. We closely monitor news from the Food and Drug Administration to stay informed regarding new developments and warnings for drugs. If you have suffered an adverse side effect from a drug you are using, contact our office.

If you or a loved one has been injured or died as a result of a defective medical device, you have the right to be compensated for medical costs, lost wages, decreased earning ability and pain and suffering.

Usually, claims for injury caused by defective medical devices are individual claims. However, where hundreds or thousands of consumers suffer injury after ingesting the same drug, the claims are sometimes consolidated in a federal multi-district litigation, or ‘MDL.’

“MDL” stands for “multi-district litigation.” When a great number of cases involving the same issues arise, those cases can be consolidated into an MDL. Consolidating cases into one federal court heard by one judge results in uniform treatment and results for all consumers and often saves substantial time and expense.

By definition, a “bellwether” is an indicator or forecaster of a future trend. A bellwether trial is the trial of a representative plaintiff’s claim, the result of which acts as a “bellwether” for the other plaintiffs with the same claim. Courts use bellwether trials in MDLs because it is not possible for all cases to be tried. The results of bellwether trials are often helpful in settlement negotiations.

A defective medical device lawsuit is a complicated matter and is seldom resolved quickly. There is no standard answer, however, it is not uncommon for defective medical device claims to take 3-5 years to resolve.

Claims for injury or wrongful death of a deceased person may be pursued by the legal representative of the estate.

It is important that you retain an experienced attorney to handle your medical device claim. The medical device attorneys at Clark, Perdue & List have successfully represented hundreds of individuals who have suffered injury or death as a result of defective medical devices, including hip implants, knee implants, heart devices, hernia mesh and pelvic mesh.