St Louis personal injury Specialists
Get justice for drug & medical device defects at Buchanan, Williams & O’Brien in Springfield. Our skilled team fights for your rights. Contact us today for help.
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Understanding Types of Defects
Defects in Drugs
Three types of defects are the basis for claims for a defective drug:
Manufacturing flaws: The pharmaceutical drug is produced incorrectly or contaminated during production, harming the final consumer.
Design flaws (Dangerous side effects): Although the pharmaceutical drug was correctly created, its adverse effects hurt or injure people.
Failure to Warn (defective marketing): Not giving users of a drug enough or the correct instructions, warnings, or recommendations about dangerous prescription drugs.
Medical Device Defects
Defective medical products can result in more significant medical bills through further surgical procedures, serious injury, or worse. Much like drug defects, these issues can manifest in three forms:
- Design Issues: Flaws in the design of medical devices render them unsafe or prone to malfunction.
- Manufacturing Defects: Problems that arise during the manufacturing process, leading to the production of faulty medical devices.
- Failure to Warn: The absence of adequate warnings or information about potential risks associated with medical device use, resulting in harm to patients.
Medical devices that are commonly defective include:
Metal hip replacements
DePuy hip implants
IVC blood clot filters
Transvaginal surgical mesh
Confused about personal injury in St Louis? We are here to answer your questions.
Understanding Defective Medical Devices and Recalls
A defective medical device can give rise to a product liability claim, particularly if it leads to injury, surgery, or even loss of life. In some cases, the device may be subject to medical device recalls.
Despite the vigilant oversight of the U.S. Food and Drug Administration (FDA), flaws can emerge in a product’s design, manufacturing process, or marketing strategy, leading to recalls.
Medical device recalls can occur under two circumstances: correction or removal. Correction seeks to address the problem where the device is being used or sold, while removal is necessitated when a device breaches FDA regulations or poses a risk to human health.
Manufacturers and distributors of medical devices have the option to initiate voluntary recalls, notify the FDA, and take the necessary corrective actions. If they fail to do so, the FDA may step in and issue recalls.
Recalls are categorized by severity:
Class I denotes products with a high risk of causing severe health issues or fatalities
Class II covers items that may lead to treatable health problems
Class III applies to products with a low likelihood of harming consumers
Understanding these classifications is crucial in navigating the complexities of defective medical device cases.
Determining Liability for a Defective Medical Device
When it comes to a defective medical device, several parties may be held liable for the issues it causes:
- Medical Device Manufacturers, Suppliers, and Distributors: Legal action can be pursued against those responsible for product quality issues and for placing a faulty product on the market.
- Retailers: If the medical device was directly purchased from retailers like drugstores or pharmacies, they may also bear accountability.
- Producers, Laboratories, and Sales Representatives: In the pharmaceutical sector, these entities may be held responsible if they downplay risks associated with the device or suggest improper applications.
- Healthcare Professionals: A medical malpractice hypothesis can be employed to take legal action against healthcare professionals who recommended a faulty device, especially if they failed to provide adequate warnings or information.
In cases involving defective medical devices, attempting to pursue a lawsuit against the manufacturer or any other potential defendant independently is generally not advisable.
Given the intricacies of the law, it’s crucial to have an experienced legal practitioner on your side.
Should you wish to bring a claim, be mindful of the medical malpractice statute of limitations, which your lawyer can advise you on.
How Can Buchanan, Williams & O’Brien Help With Drug and Medical Device Defects?
Contacting our wrong diagnosis lawyers can help you successfully pose a medical products liability claim. As your advocates, we can report the defective product to the FDA through MedWatch, the FDA’s adverse event reporting program.
We can also assist you in gathering as much proof as possible, including documentation of any potentially flawed materials utilized in the production process and evidence of any design or marketing flaws.
Our highly experienced personal injury lawyers have many years of advocating for clients who have suffered injuries from defective drugs and medical devices to hold them responsible. Contact us today.