Medical Device Lawsuits
Our team of medical attorneys specializes in helping victims who have been harmed by defective medical devices. We file lawsuits against the manufacturers of these devices to help our clients receive compensation for damages such as medical expenses, lost wages, and pain and suffering.
Beasley Allen attorneys are investigating lawsuits related to the following defective medical devices that have caused injury or death:
Some artificial hips used in hip replacements over the last decade have a longer-lasting metal cup liner than cup liners made from other materials. Unfortunately, many metal-on-metal hip implants have failed prematurely, sometimes within just 10 to 15 years after being implanted.
These devices have been shown to cause metallosis, which releases metal ions into the bloodstream, leading to inflammation and bone erosion.
Physicians recommend that individuals with metal-on-metal hip implants contact their surgeon, even if the implant appears to be working properly, to rule out premature failure or metallosis.
Patients who underwent hip replacement surgery and suffered from metallosis and other side effects may be eligible to file a lawsuit and receive compensation.
Recalled CPAP Devices
Philips Respironics has issued a recall for some of its CPAP, BiLevel PAP (BiPAP), and ventilator machines for treating sleep apnea and other respiratory conditions. This decision came after receiving numerous consumer complaints about black debris within the machine’s air pathway. In addition, there are reports of headaches, upper airway irritation, cough, chest pressure and sinus infection among users of these devices.
Philips used PE-PUR “sound abatement” foam in their CPAP, BiPAP and ventilator machines, but reports indicated that it posed severe health risks to users.
If you or someone you know had asthma, chronic respiratory illness, lung cancer, kidney disease or kidney cancer after using a Philips CPAP, BiPAP or ventilator machine that has been recalled, you may be eligible for a Philips CPAP Recall Lawsuit. You may also qualify if you have experienced a worsening breathing condition after using these recalled CPAP machines.
What is a medical device?
Medical devices range from simple instruments, such as tongue depressors and thermometers, to retail or prescribed devices like blood sugar meters and surgically implanted devices like artificial hips and surgical mesh. They are designed to restore health and improve quality of life.
A Fortune Business Insights publication from 2023 predicts that the global sales of medical devices will reach $800 billion by 2030. The United States is currently the world leader in this market, with over $180 billion in annual revenue, and the medical device industry is optimistic about future growth.
What is a defective medical device?
Medical devices are designed to help patients in need. However, in some unfortunate cases, these devices can cause serious harm, permanent injuries and even death. This can happen when medical device manufacturers fail to thoroughly test their products for safety and effectiveness or overlook manufacturing protocols. As a result, patients may experience complications, including infections, inflammation, and rejection of an implant, leading to pain, illness and, in severe cases, death.
Defective medical devices are responsible for thousands of injuries and deaths each year. According to the Investigational Consortium of Investigative Journalists, there were more than 1.7 million injuries and nearly 83,000 deaths suspected of being linked to medical devices reported in the U.S. over the past 10 years.
The manufacturer frequently recalls failed devices.
The marketing of medical devices in the United States is overseen by the U.S. Food and Drug Administration (FDA), which ensures that each device offers a “reasonable assurance of safety and effectiveness.” If a medical device manufacturer becomes aware of an issue with one of its devices, the company is expected to issue a recall to correct or remove the defective device and notify the FDA.
There are three classes of medical device recalls:
Class I: Involves a situation where there is a reasonable chance that a product will cause serious health problems or death.
Class II: Involves a situation where a product may cause a temporary or reversible health problem or a slight chance that it will cause serious health problems or death.
Class III: Involves a situation where a product is not likely to cause any health problem or injury.
Types of Medical Devices
Retail or prescribed medical devices
Medical devices designed for home use are sometimes called home health devices or home medical services. Patients can buy these devices over the counter in retail stores, like drugstores and home health equipment stores. Alternatively, they can be prescribed by licensed practitioners, including doctors, dentists, optometrists, or veterinarians and used under their care.
These medical devices include various types of equipment, such as prostheses, ventilators, sleep apnea monitors, respiratory disease management services, sickle cell tests, and ultrasound monitors. In some jurisdictions, hypodermic syringes may fall under this classification.
Surgically implanted medical devices
Surgically implanted medical devices are human-made products usually composed of biomedical materials such as titanium, silicone, apatite, plastic, ceramic, or other materials that should not interfere with or irritate existing biological structures.
- Hip implants
- Shoulder implants
- Pins, rods, screws, and plates used to hold fractured bones together as they heal
- Cochlear implants
- Drug delivery devices, including stents or insulin pumps
- Surgical mesh, including transvaginal mesh and hernia mesh
Medical devices are designed to help patients recover from their illnesses, but sometimes, they can have the opposite effect and cause severe and permanent injuries, even death. This happens when medical device manufacturers do not conduct thorough safety and efficacy tests or cut corners during manufacturing. Injuries such as infection, inflammation, and rejection of an implant can lead to complications, pain, illness and even death. If a defective medical device has injured you, we can help you get the compensation you deserve by filing a lawsuit.
Contact a Medical Device Attorney
Our team of medical device attorneys has the honor of representing individuals who have been harmed by defective medical devices. We are proud to be among an exclusive group of trial lawyers willing to stand up against medical device companies. Our experienced attorneys represent victims with a wide range of injuries against many different companies that manufacture and market these devices. Unfortunately, we often find that device makers prioritize profit over patient health. Instead of promptly investigating potential safety issues, they are slow to examine and acknowledge a device as defective or dangerous.
If a defective medical device has injured you or a loved one, we are here to help you obtain justice. Our team will work closely with you to ensure you receive the compensation you deserve. If you believe you have a claim, our attorneys are available to speak with you. Contact us today to schedule a free, no-obligation legal consultation.
At least 67 lawsuits —including class actions and individual personal injury claims — filed in…
A man who developed lung cancer after using a Philips Respironics-brand Sleep & Respiratory Care…
Despite the delays many courts are experiencing due to the Covid-19 pandemic, metal hip replacement…