Florida Defective Medical Devices Lawyers

Medical devices are crucial to the well-being of millions of Americans. People must have confidence that the tool they rely on so much poses no risk to their health. But the fact is that defects in medical instruments can injure patients or even cause death.

The U.S. Food and Drug Administration (FDA) has streamlined its program to approve medical devices and drugs for use. Meanwhile, on its website, the FDA continually updates a long list of recalls and safety warnings about medical devices it has previously approved.

If you’ve been injured or a loved one of yours has died and you believe a faulty medical device is to blame, contact the Florida defective medical device lawyers of Philip DeBerard, Injury Attorney, for help today at (888) 733-5675 or fill out our online contact form. We serve victims of defective medical devices in South Florida and the Treasure Coast, including in Stuart, Port St. Lucie, Jupiter, Okeechobee, Palm Beach and Vero Beach.

Serious Problems With the Medical Device Approval Process

The FDA’s 510(k) approval process is designed to get new drugs and medical devices on the market as quickly as possible. But this streamlined procedure often fails to ensure that medical products are safe before they are used.

Through this program, medical devices that are considered equivalent to products already on the market do not have to undergo safety reviews. The manufacturer must show only that their product is similar to an approved device and claim the new product poses no safety risks. They are not expected to prove their new device is effective or provide any guarantee that it will not cause injury or death when used.

There are dangerous loopholes within this process. For example, a device manufacturer may incorporate new technologies in its product without disclosing them to the FDA. Even though the supposed upgrade has never been tested to make sure it won’t injure patients, the device can still be approved via the 510(k) process. Convenience for manufacturers is given priority over consumer safety.

Many patients who are treated with defective medical devices suffer serious health problems. Some devices with harmful defects identified recently include:

• DePuy artificial hip implants – Pain, swelling around the hip area, difficulty walking and the feeling that the hip is dislocated are among the severe problems reported by patients with these metal-on-metal hip replacements.

• Zimmer prosthetic knee products – Hundreds of complaints refer to a dangerous loosening of the mechanism. Because of faulty design, many patients must endure painful corrective surgery.

• Pain pumps – These devices for periodic infusions of pain-relieving medication after orthopedic surgery are the source of joint pain, stiffness and loss of motion, according to many patients.

• Non-absorbable surgical mesh products – Implantation of surgical mesh to repair pelvic organ prolapse, a condition that often happens after the stress of childbirth, has been shown to cause dangerous complications, pain and infection. 

• Guidant Corporation and Medtronic Inc. pacemakers – Devices made by each of these corporations have been recalled.

The fact is that any type of medical appliance, equipment, prosthetic device, implant or other mechanism can be the source of serious health-related issues.

Types of Claims That Can Be Filed Due to Faulty Medical Devices

When a medical device failure results in injury or the patient’s death, there may be grounds to file a product liability lawsuit. Medical device manufacturers often claim that the warnings on their medical devices are sufficient to excuse them from any liability. This argument is meant to define any lawsuit against them as a medical malpractice case rather than a product liability case. In reality, there can be a fine line between these two types of claims when a defective medical device is the focus of the lawsuit.

There are also time limits on product liability lawsuits. In Florida, such a lawsuit must be filed within four years from the date of discovery of injury.

Restrictions on faulty medical device lawsuits and their distinction from medical malpractice cases in Florida make it imperative to contact an experienced defective medical device lawyer, such as those at Philip DeBerard, Injury Attorney, as soon as possible if you or a family member has been injured.

Contact Our Florida Defective Medical Devices Lawyers Today

Philip DeBerard, Injury Attorney, has investigated faulty medical devices in South Florida and the Treasure Coast since 1975 and have offices in Stuart, Port St. Lucie, Vero Beach, Okeechobee, Palm Beach Gardens and West Palm Beach.

If you’ve been injured, our Florida defective medical device lawyers will be on your side. We are knowledgeable in every aspect of Florida product liability and medical malpractice law, and we work hard for our clients. We’re willing to fight for justice on your behalf.

Call us today toll free at 1-800-299-8878 or use our online form. We can provide you with a free and confidential case evaluation.