California Defective Medical Device Lawyer

Injured by a Defective Medical Device in CA?

Medical devices have improved and saved countless lives, revolutionizing healthcare as we know it. If they are defective, however, they can cause far more harm than good. Patients may be left with debilitating injuries, may require revision surgeries, or may even lose their lives. Located in Sacramento, Kershaw Talley Barlow is a leader among firms that handle medical injury lawsuits.

Our California defective medical devices attorneys have a considerable amount of experience litigating class actions against medical device manufacturers who have designed and sold defective devices to unsuspecting patients. Our attorneys have represented individuals and classes of patients in state and federal courts across the United States and have been able to secure considerable settlements and awards for the injured. In fact, we have secured over $1 billion for our clients.

Contact our California defective medical device lawyers by calling (916) 520-6639 today!

Understanding Medical Device Litigation

Medical devices are pivotal in the diagnosis, prevention, and treatment of various health conditions. However, when these devices fail, the consequences can be dire, leading to injury, long-term disability, or even death. The prevalence of medical device-related litigation has been on the rise, reflecting the growing complexity and use of these devices in modern healthcare. The impact of such failures extends beyond the affected patients, often leading to significant financial, reputational, and operational challenges for manufacturers and healthcare providers.

What is a Defective Medical Device?

A defective medical device is any medical product that fails to perform safely and effectively as intended due to design flaws, manufacturing errors, or inadequate labeling or instructions. These defects can lead to serious health risks, injury, or even death.

When defective medical devices harm patients, the legal implications can be complex and challenging. Defective medical devices encompass a broad spectrum of products, ranging from implants and surgical instruments to monitoring tools and more. Understanding the various types of defects these devices may exhibit is crucial in building a strong case.

Common Types of Defective Medical Devices

Here are the most commonly litigated medical devices and their associated risks:

• Hip and Knee Replacements – Hip and knee replacement implants are among the most commonly litigated medical devices, often due to issues like faulty implants that may loosen, break, cause metal poisoning, premature wear, or implant loosening. Patients who experience such failures may face painful revision surgeries and long recovery periods.
• Pacemakers and Defibrillators – Cardiac devices are critical for patients with heart conditions, but defects can cause electrical failure, lead to irregular heart rhythms, battery failures, lead malfunctions, or inappropriate device activations. When these devices malfunction, the results can be catastrophic.
• Surgical Mesh – Used in hernia or pelvic repair; may erode or migrate, causing pain or infection.
• Transvaginal Mesh – The use of surgical mesh in the treatment of pelvic organ prolapse and stress urinary incontinence has led to significant litigation due to complications such as mesh erosion, infection, organ perforation, and severe pain that can cause a diminished quality of life.
• Insulin Pumps – Malfunctions can result in incorrect insulin delivery, leading to hypoglycemia or hyperglycemia.
• IVC Filters – Designed to prevent blood clots, but may fracture or migrate.
• Breast Implants – Linked to rupture, leakage, or a rare cancer called BIA-ALCL.
• Contraceptive Devices (e.g., Essure) – May migrate or break, causing pain and internal damage.
• Infusion Pumps – Errors in dosage delivery due to malfunction.
• Dialysis Machines – Faulty equipment can lead to contamination or incorrect blood filtration.

The Three Common Types of Defects

The three common types of defects include:

1. Design Defect: The product is inherently unsafe due to a flawed design, even if manufactured correctly. These cases arise when a device's design is inherently flawed, making it dangerous when used as intended. The complexity of proving a design defect lies in demonstrating that the harm was not due to user error or a manufacturing defect, but rather the result of a device's conception.
2. Manufacturing Defect: The product's design is sound, but an error occurred during production. Even a well-designed medical device can become hazardous if errors occur during its production. These defects can result from substandard materials, poor workmanship, or quality control failures, creating deviations from the device's intended design or specifications.
3. Marketing Defect (Failure to Warn): The product lacks proper instructions, warnings, or labeling, which can lead to misuse or harm. Manufacturers have a duty to provide adequate instructions and warnings for the use of their medical devices. These cases arise when patients are injured due to insufficient guidance on how to use a device or a lack of information about potential risks.

Regulatory Framework Governing Medical Devices

The Food and Drug Administration (FDA) plays a critical role in the oversight of medical devices within the United States, from pre-market approval to post-market surveillance. The regulatory framework is designed to ensure that medical devices are safe and effective for their intended use. However, the FDA's process has often been scrutinized, especially when devices that have passed through less rigorous pathways lead to patient harm.

Your Guide to Filing a Defective Medical Device Lawsuit

Although most medical devices on the market are dependable, many prove to be too hazardous for safe use. From defective hip replacements to infected sutures, it is difficult to predict what medical devices will become defective and lead to patient or user harm. If such an unfortunate circumstance happens to you or a loved one, here's what you need to know about filing a defective medical device lawsuit.

Steps to Take Before Filing Your Claim

• Collect Copies of Medical Records: You should begin by collecting copies of your medical records. Be sure to include your diagnoses that led your medical provider to decide to prescribe or advise the use of the medical device. Of course, you will also want to hold onto any evidence of injury, such as health examinations following use of the device.
• Preserve Device Packaging: Although you are unlikely to receive a medical device from over-the-counter or off-the-shelf, you may still end up with packaging for the device that harmed you. Hold onto it as it contains important identifying information.
• Keep the Actual Defective Device: When possible, you should also hold onto the defective device that hurt you. Your medical provider may keep the device for examination by a pathologist. Before any operations or medical help, tell your medical provider you want to keep the item.

The Legal Process for Defective Medical Device Cases

Bringing a lawsuit against the manufacturers, distributors, or healthcare providers involved in the production and distribution of a defective medical device requires a nuanced understanding of product liability law. Our experienced team understands the intricate landscape of defective medical device cases and has a proven track record of advocating for those impacted by such devices.

Steps in a Medical Device Lawsuit

The journey of a medical device lawsuit is complex and multifaceted:

1. Investigation and Evidence Gathering: Thorough investigation and collection of evidence to establish the defect and its connection to the injuries sustained by the affected individuals.
2. Filing the Complaint: The injured party details the harm suffered and the basis for holding the manufacturer liable.
3. Discovery Phase: Both sides gather evidence, including expert testimonies and internal documents from the manufacturer.
4. Product Liability Lawsuit: Filing a product liability lawsuit on behalf of your clients, holding responsible parties accountable for the damages caused.
5. Class Action or Mass Tort Lawsuits: In cases where multiple individuals have been harmed by the same defective device, consolidating these cases into class action or mass tort lawsuits may be an effective strategy.
6. Settlement or Trial: Settlement negotiations may resolve the case, but if an agreement isn't reached, the lawsuit proceeds to trial.

Compensation and Damages

For patients harmed by medical devices, the legal system can provide a pathway to compensation. If successful, a plaintiff may recover both economic and non-economic damages:

• Economic Damages: Medical expenses, lost wages, and the cost of additional treatments or surgeries.
• Non-Economic Damages: Pain and suffering, emotional distress, and loss of enjoyment of life.
• Punitive Damages: In cases of egregious misconduct or gross negligence, punitive damages may also be awarded to punish the manufacturer and deter future wrongdoing.

Contact our California defective medical device attorneys by calling (916) 520-6639 today!

Technological Advancements and New Risks

As medical technology advances, new devices like robotic surgery systems are introduced to the healthcare landscape, bringing novel legal challenges. These cutting-edge devices can improve patient outcomes but also introduce new risks and potential for malfunction. When these risks materialize, they pave the way for unprecedented legal questions about liability, especially when software or artificial intelligence plays a role in patient care.

FAQs About Defective Medical Devices

Who can be held liable in a defective medical device lawsuit?

Multiple parties can be held liable, including the device manufacturer, parts suppliers, distributors, and sometimes even doctors or hospitals—if their negligence contributed to the injury. In California, strict product liability allows injured consumers to sue the manufacturer without proving negligence, as long as the product was used as intended and still caused harm due to a defect. Liability depends on the facts of the case and the type of defect involved.

What is the statute of limitations for filing a defective medical device claim in California?

In California, the statute of limitations for product liability claims—including those involving defective medical devices—is typically two years from the date of injury or when the injury was discovered (or reasonably should have been discovered). For medical malpractice claims involving medical devices, the limit may be as short as one year from discovery, with a maximum of three years from the date of injury. Time is a critical factor, and missing the deadline can bar patients from pursuing legal recourse altogether.

What compensation can I recover in a defective medical device case?

If successful, a plaintiff may recover both economic and non-economic damages. Economic damages include medical expenses, lost wages, and the cost of additional treatments or surgeries. Non-economic damages cover pain and suffering, emotional distress, and loss of enjoyment of life. In some cases, punitive damages may also be awarded to punish the manufacturer and deter future wrongdoing.

How do I prove a defective medical device caused my injury?

To prove your case, you need to show the device had a defect and that the defect directly caused your injury. This often involves medical records, expert testimony, product testing, FDA reports, and evidence of similar failures in other patients. Working with an experienced product liability attorney is essential, as they can help gather the necessary evidence and coordinate expert analysis to strengthen your case.

Can I file a claim if the device was recalled by the FDA?

Yes. A recall by the FDA can support your case but is not required to file a claim. A recall can serve as strong evidence that the product was defective, especially if the recall occurred before or shortly after your injury. However, even if the product has not been recalled, you may still have a valid case if the device malfunctioned and caused harm.

Why Choose Our Firm

Our firm offers several key advantages to clients seeking representation in defective medical device cases:

• Experience: Our team has extensive experience in defective medical device cases, possessing the legal acumen and understanding required to navigate these intricate claims successfully.
• Resources and Support: We provide comprehensive resources and support, including access to expert witnesses, medical professionals, and the necessary financial and legal resources to build a compelling case.
• Track Record of Success: With a history of successful verdicts and settlements in defective medical device cases, our firm has a proven record of securing favorable outcomes for our clients.
• Client-Centered Approach: We prioritize the needs of our clients, offering compassionate and personalized legal representation throughout the legal process.

Proven Results in Defective Medical Device Lawsuits

The following are some of the results we have secured for clients in medical device lawsuits:

• $240 million settlement fund for patients who received defective Guidant Cardiac Defibrillators.
• Confidential settlement against Johnson & Johnson in a mass tort action filed on behalf of 200 patients who suffered post-operative infections from sutures that were not properly sterilized.
• Confidential settlement against Kaiser for administrative errors that led to patients waiting for kidney transplants to be eliminated from the national transplant list.

Get Help With Your Case Today

Defective medical devices can cause devastating injuries and harm to patients, necessitating legal recourse to secure compensation and justice. Filing a claim against a major pharmaceutical company or device manufacturer pits you against a powerful opponent, but you can gain the advantage by working with experienced legal representation.

When you work with a California defective medical device lawyer at our firm, you will find that we put your needs first. We are here to support and guide you toward a brighter future, where you can receive the care you need and where manufacturers are held accountable for their misconduct. We are committed to fighting for the rights and compensation you deserve.

Our firm's dedication to excellence, experience in this specialized area of law, and commitment to advocating for the rights of those injured make us a trusted ally in pursuing justice. We are known throughout the state as leaders in the industry due to our unmatched legal abilities, incredible case results, and numerous happy client testimonials.

For experienced insight regarding a defective medical device, give us a call at (916) 520-6639. Your consultation is free, and our caring defective medical devices attorneys in Sacramento are ready to answer your questions.