Defective Implants & Medical Devices


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Defective Implants & Medical Devices

Implants and medical devices can be valuable instruments to improve and save lives. As a consumer and patient, you should be able to trust the implants and medical devices your doctor is using, however that is not always the case. The FDA testing requirements for medical devices is shockingly minimal compared to pharmaceuticals. Often there is very little safety testing before it goes to market, this can lead to serious complications or even death. Defects come from a failure in design, manufacturing, or marketing, but regardless of the reason when it happens to you, it can be overwhelming, frightening, and confusing.

Recalls of Defective Implants and Medical Devices

Common types of implants and medical devices that may be defective include:
  • Hip replacements
  • Knee replacements
  • Defibrillators
  • Stents
  • Gastric bands
  • Birth control patches
  • Breast implants
  • Surgical equipment
  • Bone Graft
  • Pelvic and vaginal sling implants

It is a violation of US Food and Drug Administration (FDA) law for an implant or medical device to be defective. Once an implant or medical device is deemed defective, the implant or medical device is recalled. The FDA reported sixty-one medical device recalls in 2014. The FDA categorizes recalls into three different classifications, based on risk to the public:

  • Class 1: Dangerous or defective products that could cause serious health problems or death.
  • Class 2: Products that might cause a temporary health problem
  • Class 3: Products that are unlikely to cause any adverse health reactions, but violate FDA rules

Compensation for Injury and Complications

If you or someone you love is suffering from complications due to a defective implant or medical device you may have a case against the manufacturer, retailer, doctor, hospital, clinic, or medical sales representative. You may be compensated for:
  • Loss of quality of life
  • Lost wages
  • Additional surgeries and medical expenses
  • Emotional distress
  • Loss of ability to have sexual relations/companionship
  • Pain and suffering

Big pharmaceutical and medical companies can be more concerned about making profits than the safety and protection of consumers and patients. Lawsuits against these companies are often complicated. These companies have teams of attorneys strategically designed to defend against any defective implant and medical device claim. You should have a team of attorneys as well.

The personal injury attorneys at Falk & Falk Law have access to the best experts and the experience to fight these complex defective implant and medical device cases. We can help you understand your rights. Call us today for a free consultation at (954) 687-9100 or our offices at Broward or Dade so we can evaluate your case and help you weigh your options. We are here to answer your calls 24/7, nights and weekends.

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STEVEN FALK • ERIC FALK

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