DEFECTIVE MEDICAL DEVICE ATTORNEY

A medical device recall is the removal or correcting of medical devices that violate U.S. Food and Drug Administration (FDA) laws. A recall for a medical device can be classified as Class I (most serious), Class II, or Class III, depending on the level of risk associated with the device. 

- Class I: There is a high likelihood that using or coming into contact with the recalled product will result in severe injuries or death.

- Class II: Using or coming into contact with the recalled product may lead to temporary or medically reversible health problems, or the risk of severe consequences is low.

- Class III: There is minimal risk of adverse health effects from using or coming into contact with the recalled product.

Medical device recalls are typically initiated voluntarily by device manufacturers. However, in a small number of cases where a device poses an imminent threat to public health and the manufacturer refuses to take action, the FDA may step in and recall the device. This last-resort measure ensures that unsafe medical devices are swiftly removed from the market to protect consumers.

The FDA is charged with keeping Americans safe from dangers posed by defective medical devices. However, the agency cannot keep all defective medical devices from reaching the public. 

If a medical device is deemed harmful, the FDA may issue recalls for medical devices under the following circumstances:

1. If there is a risk of serious injury or death associated with the use of the device.
2. If the device is found to be defective or not in compliance with regulatory standards.
3. If the device is mislabeled or misbranded.
4. If there are reports of adverse events or malfunctions related to the device.

If you suspect there may be an issue with your medical device, the first thing you should do is review the FDA’s medical device recall page. The FDA recall webpage lists all device recalls by year. You can click the following years and search for recalled devices.

2024 FDA Medical Device Recall List

2023 FDA Medical Device Recall List

2022 FDA Medical Device Recall List

If you are still unsure, contact your physician to see if you have a medical device that has been recalled. 

No. if you sustained harm due to a defective medical device that has not been named in an FDA recall, you may still be able to pursue justice and compensation in a lawsuit. The challenge in cases where the product has not been recalled is proving liability, which is the process of demonstrating that the medical device manufacturer (or other entity) is legally responsible for the harm you suffered. This typically involves showing that the defendant(s) had a duty of care, breached that duty, and that breach directly caused injury or damages to you, the plaintiff.

An experienced medical device injury attorney will need to gather evidence to demonstrate the following:

• The medical device you received was defective.
• The defective device caused your injuries.
• The device manufacturer knew or should have known about the defect but failed to warn consumers.

If your device has not been recalled but you believe it injured you, it is in your best interest to speak with an attorney as soon as you are able. Proving liability in these cases can be difficult, so the sooner you consult with an attorney, the better.

The compensation you receive in a medical device lawsuit is based on your claims for damages, which is the compensatory award granted by the court to rectify the harm or loss suffered as a result of the defendant's actions. 

In a personal injury lawsuit involving a defective medical device, the plaintiff may seek various types of damages to compensate for the harm they have suffered, including:

Economic Damages: These are meant to reimburse the injured party for any financial losses incurred as a result of the defective medical device, including medical expenses, lost wages, rehabilitation costs, and more. 

Pain and Suffering: Designed to compensate the plaintiff for the physical and emotional pain they endured due to the defective medical device. These damages may include both immediate and long-term pain and suffering. 

Punitive Damages: In some cases where the defendant's actions were particularly egregious or reckless, punitive damages may be awarded. These damages are meant to punish the defendant and deter others from engaging in similar conduct.

A settlement from a medical device claim can range from a few thousand dollars to millions. Below, we highlight some of the average settlement values from past medical device lawsuits:

Stryker Rejuvenate and ABG II Medical Device Recall Settlement: After years of litigation, the manufacturer of a recalled hip replacement device paid billions. Bloomberg reported that the average settlement for each patient in the litigation was $300,000.

DePuy Pinnacle Medical Device Recall Settlement: According to Bloomberg, thousands of DePuy hip replacement lawsuits were resolved with each individual in the multidistrict litigation receiving an average settlement of $125,000.  

As we discussed above, the amount of compensation received in a medical device settlement depends on your claims for damages and the allegations in the case. If you want to better understand what you might expect in a settlement, we recommend consulting with an attorney. 

Below is a list of some of the largest ongoing medical device mass torts:

• Hernia Mesh Lawsuit: The hernia mesh litigation involves allegations from patients who experienced complications after hernia repair surgeries where a mesh implant was used. The complications cited in lawsuits include infections, chronic pain, bowel obstructions, mesh migration, and more. Defendants in hernia mesh lawsuits include C.R. Bard / Davol Inc., Atrium Medical Corp., Covidien, Ethicon (Johnson & Johnson subsidiary), and others.
• IVC Filter Lawsuit: Lawsuits allege C.R. Bard and Cook Medical produce defective IVC blood clot filters that can cause severe health complications. Patients have filed lawsuits stating that the IVC filters fractured, migrated, or caused blood clots to form, leading to injuries and death.
• Exactech Hip Replacement Lawsuit: The Exactech hip medical device lawsuits involve allegations of design defects and failure to warn of potential risks associated with Exactech's hip replacement products. Plaintiffs allege they experienced serious complications such as fractures, severe pain, bone loss, metallosis (metal debris spreading into bloodstream), and more. devices.
• Allergan Breast Implant Lawsuit: The breast implant lawsuits involve claims that Allergan implants caused health complications in many patients, including a rare form of cancer known as breast implant-associated anaplastic large cell lymphoma (BIA-ALCL). More than 1,000 women have filed lawsuits against Allergan seeking compensation.
• Philips CPAP Lawsuit: Lawsuits have been filed against Philips alleging its defective CPAP devices caused patients to inhale carcinogenic substances from foam particles, resulting in various forms of cancer.
• Bard PowerPort Lawsuit: The Bard PowerPort lawsuits involve allegations that the company's port catheters, which are implanted underneath the skin to deliver medication or draw blood, have caused serious complications, including infection, cardiac problems, and more. Patients allege the company failed to adequately warn about these risks and that the devices are defective.

Wisner Baum is a California law firm that represents over 20,000 people throughout the country in personal injury and wrongful death cases, including claims for people harmed by defective medical devices. Since 1985, our attorneys have won more than $4 billion in verdicts and settlements across a broad range of practice areas. We have the experience and resources to take on any corporate defendant and win. 

We understand that the search for an attorney can be a daunting task, especially when you have been harmed by a medical device that you believed was safe. Our firm offers free and confidential case evaluations. During our initial consultation (also free), you can ask any questions you may have about your case and our team of lawyers. We litigate medical device cases on a contingency fee basis, which means we only earn fees if we obtain compensation on your behalf. You have nothing to lose by reaching out to us. 

If you were harmed by a defective medical device, you may be able to pursue compensation in a lawsuit against the manufacturer. Contact the attorneys at Wisner Baum today at 855-948-5098or fill out our contact form.