Yes, if you’ve been injured by a medical device in California you definitely have legal rights. You may be entitled to sue the manufacturer, the designer, the doctor who implanted the device, or another medical professional. Fortunately, for most patients who use medical devices, their lives are greatly improved. However, when a device is defective it can lead to death or serious injury, and possibly one or more life-threatening surgeries to fix the problem.
When a medical device has been implanted in a patient’s body and then malfunctions, it’s often difficult to know it has malfunctioned until it’s too late. If it needs to be replaced, that can sometimes mean another dangerous and costly surgery must be performed. Often, the patient is elderly or has numerous health problems so that it’s dangerous to operate so the patient may be forced to keep the defective device.
Recently many medical devices have not functioned as they were supposed to because of either a manufacturing or design defect. Although the FDA monitors medical devices in the U.S., often problems can arise later after the product has been sold and implanted into thousands of patients.
There are numerous reasons a medical device not work as well as intended. Some problems can occur if the device is cheaply manufactured from low-quality materials, if a manufacturer or designer doesn’t sufficiently test the device, or if the manufacturer fails to recall the product immediately when problems are discovered. Some medical products and devices that have been recalled because of defects in recent years include pacemakers, joint replacements, heart valve implants, hip implants, breast implants, intrauterine devices and defibrillator implants. Other examples of medical devices that could be defective include heart stents, heart valves, infusion pumps, medicine pumps, defective prosthesis devices, and surgical implants.
Patients who are injured or even die as a result of defective medical devices have the right to financial compensation. A defective medical device can cause a great deal of pain and suffering, financial difficulties and can take an emotional toll on an injured patient. Patients (or their families) can obtain compensation for pain and suffering, lost wages, medical expenses, and other out-of-pocket expenses as well as non-monetary losses.
At Liberty Law, Micha Star Liberty believes that medical device manufacturers have a duty to manufacture products that are safe for patients, and if they fail to do so they should be held responsible. If you or a loved one has been injured by a defective medical device that has been recalled, or if you’ve been harmed by a defective medical device that was not recalled and if you are in the San Francisco area, including Santa Clara County, Alameda County, San Mateo County, Marin County or Contra Costa County, call Micha Star Liberty, Oakland defective medical device attorney, at 415-896-1000 or 510-645-1000. She has extensive experience in product liability cases and she can help you pursue compensation from the manufacturer.
