Medical Device Defects

Stents, Pacemakers and Defribillator device defects affect thousands of people. Don’t let your miracle cure turn into medical device malfunction nightmare. Learn about pacemaker flaws and other defective medical devices.

Medical Devices With Defects Cost Companies Millions To Defend Lawsuits

Medical devices, like all products are subject to product liability law. If a medical device fails to act as it should and causes any injury or harm to an individual, that person may be eligible to file a medical device malfunction lawsuit. When a medical device defect is discovered, they are often quickly recalled, but despite warnings or recalls, medical device lawsuits are common. Victims can sue based on typical product liability statutes like “failure to warn” or defects occurring during manufacture.

One of the most important factors in a medical device lawsuit is the statute of limitations set out by the state in which the case will be tried. In many cases, people will miss the statute of limitations and therefore their opportunity to sue. It’s very important, when something goes wrong during a medical procedure, or when a medical device fails or causes harm, to seek the advice of an attorney who specifies in this kind of law, as quickly as possible.

The good news about statutes of limitations in these medical device malfunction cases it the fixed period of time in which a person must file a claim begins when their injury or illness is discovered, rather than when the injury happened.

For instance, a number of years ago a number of women came forward and sued over health problems due to silicone breast implants. The statute of limitations, in that kind of case, would have started when the subsequent illness or problem was diagnosed, rather than when the breast implants were actually inserted. Thus she had an extended period of time to file a claim about defective breast implants and medical device malfunction.

Another good example of medical device defects is cases relating to drug eluting stents. Stents are inserted into arteries to maintain blood and oxygen flow to major organs and the body. Some stents are coated in medication to prevent inflammation after insertion. In some cases, patients have had reactions to this medication, prompting anaphylactic shock, blood clots and other problems down the line. Once the illness is diagnosed as being related to the drug coated stent, a person must move quickly to file their lawsuit so they don’t miss their window of opportunity of collecting compensation for their injury caused my a medical device defect.

Another important nuance in medical device defects is the use of the “failure to warn” argument. In a typical product liability lawsuit, a company that fails to appropriately label their product with any warnings or problems can be liable for the injury caused by that failure to warn. One example of this action can be seen in the Medtronic lawsuit over defective batteries in their pacemakers and defibrillators. In this case, the plantiffs argued that Medtronic was aware of the possibility of the batteries failure after an expiration date, yet continued to sell the potentially (and ultimately) dangerous defibrillators.

In many cases, the manufacturer or a particular drug or medical device will inform the physician community about the risks very clearly and it then becomes the role of the physician to communicate those risks to the patient. This is when many attorneys face the decision whether to move forward with medical malpractice or with a product liability lawsuit based on a medical device defect or malfunction– and why it’s very important to ensure that you hire an attorney who is conversant in all of these topics. It is possible that your doctor is guilty of malpractice rather than the manufacturer of your medical device being guilty of product liability.

No matter what your situation is, if you have been the victim of a malfunctioning medical device, you should quickly contact a reputable attorney to advice you whether or not you have just cause to move forward with a medical device defect lawsuit.

 

Informative Articles About Medical Device Defects

· Stent Defects and Misuse Implicated in Serious Patient Complications

  6/24/2006 4:45:00 PM | Stent Lawsuit: Misuse and Health Information

· The Medtronic Recall: A Breach of Public Trust in Defective Medical Devices

  4/10/2006 4:45:00 PM | Medtronic's Defibrillator & Pacemaker Recall

· Ambien Side Effects: Recent Confirmation of Odd Behavior and Sleep Eating Disorder

  4/7/2006 7:30:00 AM | Ambien Hazardous Side Effects Confirmed

 Latest Medical Devices & Related Newswire

· Medtronic Comparing its Endeavor Stent to Others - United Press International

  6/27/2006 2:25:00 PM | Medtronic drug-eluting stent advancing
  Comments:(0)
   Medtronic reports on the status of several studies on its coronary stent: Patient enrollment is complete in the fourth phase of a study, which compares the Medtronic Endeavor stent to the Boston Scientific Taxus Stent. Both are stents that release medication into the patient's bloodstream. A study is also under way to compare the Endeavor to Johnson & Johnson's Cypher stent. The company is following over 2000 patients who have received the Endeavor in the past few years.
     Read More

· Another Cardiac Device Recall from Boston Scientific - Trade Arabia

  6/27/2006 9:31:00 AM | Boston Scientific to recall defective heart devices
  Comments:(0)
   Boston Scientific has issued another recall for its Guidant division, on a variety of cardiac devices: some Insignia, Nexus and Contak Renewal pacemakers; and Ventak Prizm 2, Vitality, and Vitality 2 implantable defibrillators. A defect was found that could lead to premature battery failure. Five malfunctions, but no deaths, have been reported in about 27,000 implanted devices. Doctors have been informed.
     Read More

· WSJ Report on Stent Blood Clots Refuted - Reuters

  6/22/2006 1:45:00 PM | Angiotech shares drop on report of lower stent use
  Comments:(0)
   Contrary to a report in the Wall Street Journal, officials at Angiotech, a company that makes drug preparations for stents, say that the use of drug-coated stents is not declining and that they remain more effective than bare metal stents. The Journal report had stated that hospitals were concerned about the formation of blood clots so had begun to avoid stents such as Boston Scientific Taxus Stent. As Angiotech's stock price declined, its President also declared that it was looking to widen its business and reduce the percentage of revenue coming from that source. 
     Read More

· Iowa Man Sues Over Transplanted Tissue - Mason City Globe Gazette

  6/20/2006 3:20:00 PM | Charles City man sues over tissue used in surgery
  Comments:(0)
   An Iowa man is suing Medtronic, Biomedical Tissue Services, and two funeral homes because tissue he received during spinal surgery was not properly screened for disease. This is one of many lawsuits nationwide involving Biomedical Tissue Services of New Jersey, which was recently closed down for using bodies without permission nor screening. The plaintiff in this case has so far tested negative for diseases such as HIV and hepatitis, but will have to continue to be followed.
     Read More

· Medtronic Concerto Pacemaker Approved in Britain - Daily Mail - UK

  6/19/2006 6:58:00 PM | Pacemaker that can predict heart failure
  Comments:(0)
   A new generation of pacemakers is being developed that can detect fluid retention and transmit information about a patient's heart to remote locations. 
It can warn a patient if trouble is looming, before symptoms develop, with the idea of reducing the need for hospitalization. 
One such device, the Medtronic Concerto, has recently been approved in the UK.
     Read More


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Defective medical devices seem to be released more often as our technology increases. With so many innovations, sometimes the oversights can be as small as a defective battery that causes a pacemaker to malfunction. If you feel you have been harmed by a Boston Scientific Stent, Medtronic Defibrilator or other medical product, simply fill out the form below and we'll pass your information to a Lawyer that can give you more informaiton.

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