Medical Devices

Every year, the FDA issues recalls for dozens of medical devices or products because a manufacturer has failed to properly test the device, maintain quality control, or remedy defects in the field, and the rate of these recalls has been rising steadily in recent years. Between 2003 and 2012, the number of medical device recalls increased by 97 percent annually, according to the FDA.

Unfortunately, medical device recalls often only occur after dangerous medical devices have already caused serious injury and even death to some consumers. The attorneys at Hossley & Embry use their expertise in medical device cases to advocate on behalf of these consumers and get them the compensation and justice that they deserve.

Types of Defective Medical Devices

The term “medical device” can mean just about any device that medical professionals use to treat a disease, illness, injury, or disability. Examples of the types of medical devices that were found defective and led to recalls and lawsuits in recent years include:

• Pacemakers and defibrillators
• Heart valve implants and stents
• Implants for disabled body parts, such as replacement hips and shoulders (notably those made by Biomet and DePuy)
• Breast and other cosmetic implants
• Contraceptive devices, such as transvaginal mesh

These are just a few examples; any defective or improperly-sterilized device can cause harm to consumers and merit legal action.

How Defects Occur

Medical device defects can be introduced at any point in the product’s design, manufacturing, and distribution. Like other types of defective product claims, defective medical device claims are categorized based on where the defect originated:

• Defectively manufactured medical devices: The device is designed properly, but the manufacturing process introduced a defect.
• Medical devices with a defective design: The device was manufactured properly, but contained a critical design flaw.
• Defectively marketed medical devices. The marketing materials for the device, whether they were targeted at consumers or medical professionals, failed to provide adequate or accurate warnings regarding the potential dangers of the medical device, or failed to provide adequate or accurate instructions for using the device appropriately and safely.

Take Action Today

If you feel that you or a loved one has suffered as a result of a defective medical device, please give Hossley & Embry a call at (866) 522-9265 or send us an email at newcase@hossleyembry.com and we will be in touch promptly. We offer free consultations, and we have the resources available (including charter aircraft) to travel throughout Texas and the United States on short notice to investigate your potential claim.