Just as doctors can be held liable for negligent medical care, pharmaceutical companies can be held liable for marketing a dangerous and defective product or failing to provide adequate product warnings. For example, in the fen-phen suits, the legal theories involved included strict liability, negligence, breach of warranty, fraud, misrepresentation, and violation of the deceptive trade practice laws. To these claims, drug makers raise numerous defenses, including voluntarily assumed and/or incurred risk, contributory/comparative negligence, idiosyncratic reaction, misuse, the learned intermediary doctrine, and FDA regulatory compliance.
Various medications and medical devices are being investigated which potentially may cause injuries for which compensation may be available. The following list is not exhaustive and we recommend calling an Indiana defective medical device lawyer if you have questions.
- Wright hip implant
- Stryker Rejuvenate and ABGII Implant
- Biomet M2a Magnum Hip Implant
- DePuy Pinnacle Hip Implant
- Bard’s Avaulta Mesh
- Da Vinci Recall
- Da Vinci Robotic Surgery System
- Ethicon Gynecare Prolift Mesh
- Kugel Mesh
- Medtronic Quick Set Infusion Sets
- Medtronic Sprint Fidelis Implantable Device
- Medtronic Sprint Fidelis Lead
- Mirena
- NuvaRing
- Spinal Implants (VerteBridge ROI-C ROI-A)
- Transvaginal Mesh
- Zimmer Durom Cup Implant
- Zimmer NexGen Knee Implant
The product liability attorneys at The Law Offices of David W. Holub are ready to help you fight for justice and compensation.
Common Defective Drugs
Though many defective drugs have been taken off of the market, frequently drugs that are still approved for sale by the FDA drugs can pose dangers if:
- Not properly prescribed or used
- Used for an unapproved purpose
- Used in dangerous combinations with other drugs
Additionally, some drugs once thought to be safe have been found over time to be dangerous.
The FDA keeps an up-to-date list of drugs that may pose safety concerns in certain circumstances. If you are concerned about a drug, ask your physician or pharmacist or consult the FDA website for more information about defective drugs.
If a drug you have been taking is now listed as defective and you feel you have been injured, contact an Indiana lawyer.
Common Injuries Caused by Defective Medical Devices
Medical devices are designed to serve an array of functions—from aiding in a course of treatment, to preventing harmful healthcare outcomes, to providing diagnostic functions. Common examples include:
- Pacemakers
- Surgical mesh products
- Blood glucose monitors
- Robotic surgery devices
- Infusion sets for diabetics
- Artificial knee and hip implants
A defective device may render treatment ineffective at best. However, dangerous or defective medical devices can leave patients dealing with extreme and even deadly injuries.
A defective medical device could worsen the patient’s underlying condition or create new risks. For example, a malfunctioning pacemaker could disrupt the patient’s heart rhythm or fail to properly moderate the heart rate, leading to serious cardiovascular concerns and potential heart failure. A defective surgical mesh could result in infections, severe pain, and even blood clots. Faulty medical products are also commonly associated with injuries such as life-threatening allergic reactions, stroke, organ damage, and internal bleeding.
An Indiana attorney who specializes in handling defective medical device claims could document your injuries and losses while investigating all sources of legal liability for your claim. Whether the at-fault party is a pharmaceutical company, a negligent corporation, or another entity, the lawyers at our firm could fight for compensation to address the full scope of your physical, financial, emotional, and psychological harm.
Compensation for Victims Harmed by Defective Medical Devices
If you have suffered an injury from a defective medical device, several theories of liability can apply to your claim to hold the at-fault parties responsible. An Indiana legal professional could file a lawsuit against all individuals or entities who caused or contributed to your faulty medical device injury. These could include:
- The manufacturer of the device
- A negligent surgeon or physician
- The company who distributed or sold the device
A medical device can be defective in one of several ways. For example, it may contain an inherent defect that occurred at some point when it was being designed. In other cases, the medical device may have become defective at some point during the manufacturing process. A medical device may also be rendered defective if it does not contain marketing warnings that ensure its proper usage or adequately apprise consumers of the risks of using it.
Every defective medical device case is different, but an attorney can tailor a strategy to achieve compensation that is specific to the facts and circumstances of your claim. Defective medical device injuries may entitle you to compensation for your medical bills, lost wages, pain, and suffering. You could also receive compensation for the mental distress, lost life enjoyment, and lost earning potential you have suffered from your injuries.
Contact an Indiana Lawyer About a Defective Medical Device
If you have been injured due to a malfunctioning device, reach out to an Indiana defective medical device lawyer at The Law Offices of David W. Holub today.