A medical device that is properly working can provide relief for a person who has lost function or never had function in an area of their body. Through billions of invested dollars, the medical device industry has exploded over the last several decades with medical devices and implants that can help a person walk, repair bones, and heal wounds. Doctors across the country often rely on these wonderful devices to help their patients live happier and more fulfilled lives. However, when these devices do not work properly they can cause more harm and injury than they were meant to fix and subsequently result in debilitating injuries, infections, and even death.
The attorneys at the Law Practice of Ken Kieklak are here to help you recover the compensation you deserve. To schedule a free and private legal consultation call (479) 316-0438 or contact us online today
Common Types of Defective Medical Devices
Before medical devices can be used, the manufacturer must first obtain approval for marketing that product from the Federal Drug Administration. Since 1976, the FDA has required that new medical devices be proven safe and effective before being marketed and ultimately used as an implant. However, in spite of a detailed and rigorous processes, it is impossible for the FDA to determine if a medical device will be safe once the product has left the review process.
Since 1976, the FDA deemed many medical devices as “defective,” ranging from breast implants, hip and knee replacements, and for birth control products.
Common defective medical devices include:
- Pacemakers that stopped or failed to keep a proper heart rhythm
- Any malfunctioning device, such as a pain pump or insulin pump
- Heart valve implants that leak or break, resulting in repeated surgeries or death
- Infections caused by improperly made or non-sterilized devices
- Improperly sterilized gynecological devices that can cause infection, infertility or miscarriages
- Breast implants or any devices that can cause damage to the immune system
- Defective hip implant or knee replacement parts
As a several billion-dollar industry, medical designers and manufacturers have the responsibility to create a product that is safe for use. While the FDA oversees whether or not a device is approved, there is arguably a loophole that allows some products onto the market. Under the 510(k) process almost 95 percent of manufacturers use to have their products approved by the FDA. Under this process, manufacturers are permitted to put a product on the market if the product is “substantially equivalent” to other devices that are already on the market. Many critics have complained that this process allows companies to avoid the more expensive premarket approval method.
Who May be Liable for a Medical Device Injury?
Despite strenuous efforts by the Federal Drug Administration, doctors, and other medical professionals to identify and remove dangerous products from the market, there are hundreds of products that are recalled and removed every year because they cause injury, infection, and even death. If you or a loved one has been injured because of a defective medical device, then you should contact an Arkansas products liability lawyer who will review your case with you and address who may be liable for your injuries. Possible defendants include:
- The manufacturer of the device
- The distributor or device wholesaler
- The hospital that installed the device
- A doctor who installs or prescribes device
- Pharmacies that fill medical subscriptions
The injuries that can result from a defective medical device can be catastrophic. A product that has been recalled by the Federal Drug Administration can cause serious injuries including bone loss and death, severe pain, additional surgeries, and even death. Injured patients can generally recover for their injuries by seeking compensation for:
- Previous and future medical expenses
- Disability coverage
- Living expenses
- Pain and suffering
- Wrongful death
Large manufacturing companies who put unsafe products into the medical market and thereby cause devastating injuries should be held accountable for their actions, however, all too often they avoid liability by intimidating injured patients to accept a ridiculous offer to settle. If you have been injured because of a defective medical device we will work on your behalf to secure the compensation you deserve. We have been serving and representing the citizens of Fayetteville for over 20 years, and are prepared to fight for your rights.
Rely on Fayetteville Defective Medical Device Attorney Ken Kieklak
If you have been injured by a defective medical device, the Law Practice of Ken Kieklak can fight on your behalf. For more than 20 years Ken Kieklak has fought for injury victims. To schedule a free and private legal consultation call (479) 316-0438 or contact us online today.