Can I Sue If a Defective Medical Device Harmed Me?

 Posted on October 09, 2024 in Defective Products

Healthcare has made astounding advances, with modern medicine saving many lives that probably would have been lost only a few decades ago. Various medical devices are used effectively to address severe conditions. You would think that companies that design and manufacture these products would take special care to prevent defective devices from being made available to patients, but some, unfortunately, do not.

If a defective medical device has injured you, made an existing condition worse, or otherwise harmed you, you may be eligible for compensation through a product liability claim. The experienced attorneys at Newland & Newland, LLP stand ready to help you hold the at-fault parties fully accountable.

What Are Defective Medical Devices?

The U.S. Food & Drug Administration lists recalled medical devices, along with the defects and potential consequences. Some of the devices recalled in 2024 include:

• Tracheostomy tubes that can cause tracheostomy decannulation or displacement
• Continuous glucose monitoring sensors that may produce false high glucose readings
• Clot removal devices that may cause injury or death
• Chest compression devices that may stop compressions
• Electrode pads that might burn pediatric patients
• Vaporizer filling that may expose patients to toxic chemicals
• Intra-aortic balloons that may not inflate fully
• Biopsy needle kits that may contain debris inside the needles
• Various software packages that caused devices to malfunction
• Incubators with defective door latches

Other faulty devices may include artificial hips and other joints, artificial heart valves, and pacemakers. Medications and vaccinations may also be defective and cause injury.

How Do I Know If I Have a Valid Claim?

There are three main types of defective medical product claims. You must have directly been harmed due to:

• A defective design, including software
• A manufacturing defect
• Defective warnings or instructions

Examples of eligible harm include getting infections from defective implanted or internally used devices, illnesses or allergic reactions due to defective medication, burns, procedures that failed due to defective devices, and death. If a healthcare provider uses a medical device improperly, he may be liable for your injuries. You may qualify for compensation through a medical malpractice claim.

The best way to determine your eligibility for compensation is to call Newland & Newland, LLP and discuss your case during your free consultation. Our attorneys have decades of experience handling personal injury claims successfully.

What Compensation Can I Get If a Defective Medical Device Injured Me?

Each person’s situation is unique, so there is no one-size-fits-all answer to that question. Your lawyer from Newland & Newland, LLP will investigate to establish liability and calculate your eligible damages, such as:

• Medical treatment costs
• Lost income
• Replacement services
• Disability
• Pain and suffering
• Depression or anxiety

A wrongful death claim can provide eligible survivors of fatal defective medical device incident victims with additional damages.

Call Our Knowledgeable Rolling Meadows, IL Defective Medical Device Lawyers Today

If a medical device that is intended to improve your life harms you, instead, you deserve compensation. Call Newland & Newland, LLP at 847-797-8000 to speak with one of our trusted Palatine, IL product liability attorneys today.