Pharmacy Error Injury Lawyer Blog
Many people’s lives are saved by state-of-the-art medical devices. Those that suffer from health conditions requiring medical devices often rely not only on their doctor’s advice, but also on the manufacturers that design and construct these devices. However, too many patients suffer injuries as a result of defects in these medical devices. When a defective product causes an injury, the manufacturer may be liable through a Maryland product liability lawsuit.
Medical devices include any accessory that medical practitioners use to diagnose and treat a disease, illness, or injury. Some common examples of medical devices are defibrillators, artificial hips, pacemakers, implants, intrauterine devices, vaginal mesh, and stents. Although many of these devices are designed to help patients who are suffering from severe medical conditions, they often present many dangerous side effects themselves. Maryland patients injured by these devices may hold the manufactures or other parties associated with the distribution and marketing of the mechanism responsible for their injuries.
For example, a plaintiff recently filed a product liability lawsuit against a medical device manufacturer. In this case, the manufacturer designed the sling that was implanted to treat her urinary incontinence. After the implantation, the woman suffered thinning of her urethral wall and cystitis. She argued that her injuries were because of design defects in the device and filed a lawsuit based on negligence, defective design, and failure to warn. She presented expert testimony to support her claim that the device caused her injuries. Both the trial and the appellate court held that the manufacturer could be held liable to the woman for her injuries.
Generally, those injured as a result of a defective or dangerous medical device can bring three types of lawsuits against manufacturers and distributors. These are manufacturing, design, and marketing defect claims. Manufacturing defects occur when a specific medical device in the line caused the patient injuries. These claims are typically based on strict liability, and the injury victim must only establish that there was a defect, and that it caused them harm. Design defect claims are more complicated because the plaintiff must prove that the product is inherently defective. In many instances, plaintiffs must show that there was a reasonable, safer alternative product design. Finally, marketing defect claims arise when the manufacturer inadequately warns or completely fails to warn users of the dangers of the product.
These claims may be filed against manufacturers, distributors, or retailers. Of course, these corporations are almost always equipped with a team of attorneys, and plaintiffs should retain skilled Maryland personal injury attorneys to represent their interests.
Have You Suffered Injuries Because of a Defective Medical Device?
If you or a loved one has suffered injuries because of a defectively designed or manufactured medical device, you should contact the committed Maryland product liability attorneys at Lebowitz & Mzhen, Personal Injury Lawyers. The attorneys at our firm understand the devastating side effects that defectively designed products can cause. We have the knowledge, skill, and experience necessary to successfully advocate on behalf of our clients against even the largest corporations. The attorneys at our firm will work tirelessly to get you the compensation you deserve. Compensation may include payments for past medical bills, recuperative surgery and treatment, and lost wages. Contact our law firm at 800-654-1949 to schedule a free initial consultation with our Maryland products liability attorneys.