Common Types of Medical Device Defects

Though we expect medical devices to fix some of our health issues or make day-to-day life easier, sometimes these products malfunction or break and cause injuries along the way. Often, defective medical devices require additional surgeries or medical care when they’ve caused further damage to our bodies or organs. The FDA receives around 100,000 Medical Device Reports (MDRs) every year.

A common example of a defective medical device is an IUD, or intrauterine device, which thousands of women have implanted every year as a form of contraception. Lately, some types of IUDs, like the popular Paragard IUD, have been breaking during the removal process, leaving behind sharp pieces of the device that can seriously harm nearby organs and cause infertility.

Other common defective medical devices or products that are currently being investigated or have been recalled include:

  • Talc baby powder
  • AMS transvaginal mesh
  • Hip implants or replacements, such as those produced by Biomet, Zimmer, and DePuy
  • Essure
  • Zofran

Why You Need an Attorney

Hospitals, medical professionals, and manufacturers alike have teams of lawyers specifically for combating legal claims. They’re generally prepared to deny liability and have handled product liability claims before, which is why you need to be represented by a professional who knows how to respond to these obstacles and isn’t afraid to hold large entities responsible. Our lawyers are committed to helping everyday members of our community and can put our experience to work for you.

Some of the damages we’ve been able to recover for past clients include:

  • Medical bills, including costs of additional surgeries, hospitalizations, medications, and more
  • Future costs of care, including physical therapy and medical equipment
  • Lost income or diminished earning capacity
  • Pain and suffering
  • Mental anguish

Individuals who have been harmed by medical devices likely have serious injuries that may come with long-term consequences or be permanent. When your future is at risk, you need to hire a firm that is known for its successes in and out of the courtroom.

For legal representation in Indianapolis, call our medical device lawyers at 317-488-5500. Your consultation is completely free and should be taken advantage of if you want to learn more about your options after an injury.

Who Is Liable for a Defective Medical Device?

When an individual is injured as a result of a defective medical device, there may be multiple parties who can be held liable for any resulting injuries. These parties may include the manufacturer, distributor, or even the healthcare provider who prescribed or implanted the device. In such a situation, it’s crucial to determine who holds liability for the harm caused. 

These accidents can be devastating, impacting not only your physical well-being but also your emotional and financial stability. For instance, when defective medical devices result in surgical errors, this can lead to serious complications and long-term consequences, making it imperative to hold the responsible parties accountable. In the case of personal injury cases due to defective medical devices, it’s important to know that you have legal options available to seek compensation for your damages.

Potential Responsibilities After an Injury in Indianapolis

Understanding the regulatory framework around medical devices is crucial when pursuing a personal injury claim. Regarding this, you should know the entity responsible for overseeing and regulating medical devices is the Indiana State Department of Health (ISDH), as outlined in the Indiana Code § 16-19. 

The ISDH plays a crucial role in ensuring the safety and effectiveness of medical devices used within the state. Additionally, this entity is responsible for enforcing regulations and ensuring that medical devices sold in Indiana meet the necessary safety and effectiveness standards.

However, when an injury occurs due to a defective medical device, the responsibility may extend beyond regulatory bodies. Identifying the liable parties is a complex process that may include:

  • Manufacturers: Those who design and produce the medical device may be held accountable if the product is found to be inherently flawed or defective.
  • Distributors and retailers: Entities involved in the distribution and sale of the medical device may bear responsibility if they knowingly sold a defective product or failed to provide adequate warnings.
  • Medical professionals: Doctors, nurses, or other healthcare providers who prescribed or implanted the device may be liable if they failed to follow proper procedures or used the device negligently.
  • Hospitals and medical facilities: These institutions may be held responsible if they failed to maintain proper standards of care, including the use and maintenance of medical devices.

At our law firm, we are committed to unraveling these complexities and advocating for those who have been wronged by defective medical devices. We will work diligently to identify all potentially liable parties and ensure that justice is served and fair compensation is claimed.

Damages You Can Recover After an Injury Caused by a Medical Device

If you have been injured by a defective medical device, you may be entitled to claim 100% of the cost of your injuries and damages. However, the percentage you recover will depend on the nature and severity of your injuries, as well as the impact they have had on your life. 

If this is your case, you can recover both economic and non-economic damages:

Economic Damages

Economic damages encompass the tangible financial losses you’ve incurred as a result of the injury. These damages may include medical expenses, rehabilitation costs, lost wages, and other related expenses. Understanding how economic damages are assessed and claimed under the Indiana legal framework is essential to ensure you receive proper compensation. 

The good news is that under Indiana law, there is no cap on the amount of economic damages you can recover in a personal injury case. This means that you may be entitled to recover 100% of the cost of your injuries and damages, as covered in Indiana Code § 34-51-2.

Non-Economic Damages

Non-economic damages, on the other hand, are intended to compensate you for the non-financial losses you have suffered as a result of your injuries. This can include pain, suffering, emotional distress, and loss of quality of life, among others.

Quantifying these damages requires a nuanced knowledge of legal principles and their application in your unique circumstances. Under Indiana law, there is a cap on the amount of non-economic damages you can recover in a personal injury case. As of 2023, this cap is $1.8 million, according to Indiana Code § 34-18-14.

The Process of Filing a Personal Injury Claim

If you have been injured by a defective medical device, then you may be entitled to file a personal injury claim. The process of filing a claim can be a daunting task, but with the guidance of an experienced defective medical device lawyer, it becomes a lot more manageable. Ensure you are well-informed and equipped to make the best decisions for your case by following these steps: 

1. Seek Professional Guidance

Due to their complexity, the first step in filing a personal injury claim is to consult with an experienced attorney. Indeed, the cases of injuries caused by defective medical devices usually include the participation of an attorney with the necessary knowledge and resources to thoroughly investigate the case and identify all potentially liable parties. 

At Christie Farrell Lee & Bell, we offer free consultations to evaluate the details of your case, discuss your legal options, and provide you with a clear understanding of the potential outcomes. 

2. Building Your Case

The next step consists of thoroughly investigating your case. When we work with personal injury cases, our legal team operates diligently to gather evidence, consult medical experts, interview witnesses, and build a robust strategy tailored to every specific situation. 

Indeed, a comprehensive approach to building your case increases the likelihood of a successful outcome.

3. Negotiate a Settlement

In many cases, personal injury claims can be resolved through a negotiated settlement. Thus, the next phase involves negotiating with insurance companies, opposing parties, or other relevant entities to secure the compensation you deserve for your injuries and damages. 

To achieve a fair settlement, it’s important to keep in mind the time limits to file a medical malpractice claim in Indiana. The sooner you start taking action to resolve your case, the better.

Don’t Settle for Less – Get a Free Consultation With a Medical Device Attorney in Indianapolis

Navigating the legal intricacies of defective medical device cases requires expertise and a deep understanding of Indiana’s legal landscape. That’s why we recommend consulting with a Indianapolis  personal injury attorney, who will be able to provide you with the guidance, support, and advocacy you need to achieve justice.

When dealing with the aftermath of a defective medical device injury, settling for less is not an option: your well-being and future deserve to be fully compensated for the injuries caused. To explore your legal rights and take the first step toward securing the compensation you deserve, you can contact us to schedule a free consultation with our medical malpractice attorney today.