Medical devices are designed to improve the quality of life for patients and assist with medical conditions. Unfortunately, not all medical devices are created with patient safety in mind. Faulty or defective medical devices can cause serious injuries, leaving victims with lifelong health complications and mounting medical bills. If you or a loved one has been injured by a medical device in New York, you may be entitled to compensation through a product liability claim.
In this blog, we’ll discuss the legal process for suing manufacturers of unsafe medical devices, the types of devices that are most commonly involved in injury claims, and the steps you can take to pursue justice.
1. What Are Unsafe Medical Devices?
Unsafe medical devices refer to products that fail to meet safety standards or cause harm to patients. These devices can range from implanted medical devices like pacemakers or hip replacements to everyday medical equipment like surgical instruments or diagnostic tools.
Common examples of unsafe medical devices include:
- Defective Hip Implants: Some hip replacement devices have been found to fail prematurely, causing pain, dislocations, and the need for additional surgeries.
- Faulty IVC Filters: Inferior vena cava (IVC) filters are used to prevent blood clots, but defective filters can break apart, leading to injury or even death.
- Malfunctioning Pacemakers: Pacemakers that malfunction or fail to work as intended can cause serious health risks, including cardiac arrest.
- Defective Transvaginal Mesh: A product used to treat pelvic organ prolapse and stress urinary incontinence, transvaginal mesh has been linked to chronic pain, organ perforation, and other serious complications.
- Defective Joint Replacements: Knee and shoulder replacements can wear out prematurely or fail due to manufacturing defects, causing severe pain and requiring additional surgery.
2. Legal Grounds for Suing Over Unsafe Medical Devices
In New York, if you’ve been injured by a defective or unsafe medical device, you may be able to pursue a lawsuit based on product liability laws. These laws hold manufacturers and distributors accountable for injuries caused by their defective products. There are several legal theories under which a medical device injury claim may be filed:
a) Defective Design
A defective design occurs when the product is inherently dangerous or flawed due to the way it was conceived. If the medical device was designed in a way that poses risks to users, the manufacturer can be held liable. For example, if a pacemaker was designed with a defect that causes it to malfunction, the manufacturer could be liable for injuries caused by that defect.
b) Manufacturing Defect
A manufacturing defect arises when a medical device is made improperly or deviates from its intended design during the production process. Even if the device’s design was safe, a mistake in manufacturing can cause it to malfunction or become dangerous. An example is a defective batch of surgical instruments that caused injuries due to improper assembly or quality control issues.
c) Failure to Warn (Marketing Defect)
Manufacturers are required to provide adequate warnings and instructions about the potential risks of using their products. If a medical device is known to have risks or side effects that are not clearly communicated to patients or healthcare providers, the manufacturer can be held liable for failing to warn users about those dangers.
d) Breach of Warranty
Manufacturers may also be liable for breaching implied or express warranties associated with their product. If a medical device fails to perform as expected, or if it is unfit for its intended use, the manufacturer may be responsible for injuries that result from the defect.
3. Common Injuries Caused by Unsafe Medical Devices
Unsafe medical devices can cause a variety of injuries, depending on the type of device and its intended use. Some of the most common injuries associated with defective medical devices include:
- Infections: Surgical implants or devices can become infected, leading to serious complications, including organ failure and amputation.
- Organ Damage: A malfunctioning device, such as a transvaginal mesh implant, can cause internal injuries like organ perforation or chronic pain.
- Blood Clots and Embolism: Faulty IVC filters or defective heart valves can increase the risk of blood clots and lead to embolisms.
- Bone Fractures or Joint Dislocations: Defective joint replacements can fail and cause fractures, dislocations, and the need for additional surgeries.
- Cardiac Arrest: Malfunctioning pacemakers or defibrillators can cause fatal complications, such as cardiac arrest.
4. How to File a Lawsuit for Injuries Caused by a Medical Device
If you have been injured by a defective medical device in New York, you may be entitled to compensation for your injuries, medical expenses, pain and suffering, and other damages. The process of filing a lawsuit involves several critical steps:
a) Consult with an Experienced Product Liability Lawyer
The first step is to consult with an experienced personal injury lawyer who specializes in product liability and medical device injury cases. A lawyer will review the facts of your case, gather medical records and expert testimony, and help you determine the best course of action.
b) Gather Evidence
To support your claim, your lawyer will need to gather evidence such as:
- Medical records detailing your injuries and treatments
- Documentation showing the medical device that caused your injury
- Expert opinions from medical professionals who can testify to the harm caused by the device
- Evidence of the manufacturer’s knowledge of defects or risks associated with the device
c) File a Product Liability Lawsuit
Once your lawyer has gathered the necessary evidence, they will file a product liability lawsuit against the manufacturer, distributor, or any other parties responsible for the defective device. In some cases, this may involve pursuing a class action lawsuit if many people have been injured by the same product.
d) Settlement or Trial
Many medical device injury cases are settled before trial, but if a fair settlement cannot be reached, the case may go to court. Your lawyer will advocate on your behalf, whether in negotiations or in front of a jury, to ensure you receive the compensation you deserve.
5. Compensation You Can Seek in a Medical Device Injury Lawsuit
If you are successful in your lawsuit, you may be entitled to compensation for a wide range of damages, including:
- Medical expenses (past, present, and future)
- Lost wages and loss of earning capacity
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Permanent disability or disfigurement
In some cases, punitive damages may also be awarded to punish the manufacturer for particularly egregious behavior.
6. Statute of Limitations for Medical Device Injury Claims in New York
In New York, the statute of limitations for filing a personal injury lawsuit is generally three years from the date of the injury. However, the statute of limitations for medical device claims can be more complicated due to factors such as when the injury was discovered. It is essential to consult with an attorney as soon as possible to ensure your claim is filed within the required time limits.
7. Why You Need an Experienced Medical Device Injury Lawyer
Medical device injury cases are highly complex and require a thorough understanding of both product liability law and medical issues. An experienced lawyer can help you navigate the legal process, obtain the necessary evidence, and fight for the maximum compensation you deserve.
At Alan Ripka & Associates, we have extensive experience representing victims of medical device injuries. We are committed to holding manufacturers accountable for their dangerous and defective products.
Conclusion
Injuries caused by unsafe medical devices can have life-altering consequences. If you or a loved one has been injured by a defective medical device, it’s essential to seek legal help to hold the responsible parties accountable and secure the compensation you deserve.
Contact Alan Ripka & Associates today for a free consultation and let us help you navigate the complex process of filing a medical device injury claim in New York.
