Damages Due to Defective Medical Devices
Millions of people today have medical devices implanted to address a serious medical condition or to replace or support a malfunctioning organ or body part. These devices provide life enhancing service by delivering much needed medicine or regulating and supporting organ and tissue functions within the body. Devices ranging from hip and knee replacements to gastric bypass bands to heart defibrillators are meant to add to the quality of life for the people receiving them. Unfortunately, as more and more people receive these implants, there are increasing reports of injuries caused by defective medical devices. Inadequate testing or regulation and defective product performance can result in serious medical conditions, often leaving the patient in a worse spot than they were before the medical implant.
Injuries Due to Defective Medical Devices
Each year, more Americans have medical devices implanted and each year, more medical devices are recalled due to defects. Surgical mesh, metal replacement joints and heart defibrillators have all been the subject of controversy and recall over the last decade. The situation has now become such that the National Institutes of Health considers adverse effects of defective medical devices as a national health problem. Injuries due to the defective medical devices can be severe, and may cause permanent impairment to body function, require numerous surgeries or medical interventions, and result in life threatening injury or illness.
Common Defective Medical Devices
Some common examples of defective medical devices that have caused serious damages to consumers include:
- Surgical mesh implants
- Metal on metal hip and knee replacements
- Implanted heart defibrillators pacemakers
Medically implanted devices such as these have made millions of dollars for the companies who made them, while costing millions of dollars in healthcare costs for those who suffer injuries or illnesses as a result of defects. Many of these defects are caused by a lack of testing or regulation, and while some medical device manufacturers have bonded together to regulate themselves, without government oversight such as by the FDA, defects in these devices is likely to continue. As a result, patients are then left to protect themselves.
Legal Remedies for Defective Medical Devices
There are legal remedies for people hurt or injured as a result of defective medical devices. Under South Carolina Law, manufacturers and sellers of defective medical devices may be held liable under state product liability laws. Under this law, anyone who knowingly sells a defective product is financially liable for the damages caused by that product. Damages may include medical and hospital bills, lost wages, pain and suffering, and wrongful death.
Contact Our Product Liability Attorney
If you have suffered illness or injury or had a loved one die as a result of a defective medical device, contact our experienced South Carolina product liability attorneys. At Anastopoulo Law Firm we have offices in Charleston and throughout South Carolina, with attorneys are trained and experienced in handling defective medical device cases. Damages from these cases can be high, and patients often have no protection. Contact us today for legal help to get the compensation you deserve.