Texas Defective Medical Device Lawyer

Texas Defective Medical Device Lawyers

Texas Attorneys Advocating for Patients Harmed by Defective Medical Devices

Many people across the U.S. use a medical device designed to treat a condition or relevant symptoms. The defective medical device lawyers in Texas at Thompson Law know that most patients don’t expect that device to malfunction or to cause serious injuries. When that happens, it may be followed by a defective medical device lawsuit.

A broad range of medical conditions and problems may prompt you to schedule an appointment with your doctor wherein he or she prescribes a medical device to assist you with recovery or management of the symptoms of such a condition. You expect that medical devices were developed to help you and other patients like you.

This is why it can be catastrophic when you realize that your medical device is defective or otherwise leaving you to pay the consequences of the device makers’ rush to market with a product that was not safe for consumer use. Prior to bringing a medical device to the market, manufacturers are responsible for testing it and pursuing possible side effects or interactions that could prove problematic for patients.

In some cases, their clinical trials may be hurried in an effort to get approval to be placed on the market and to begin making profits back on something that has taken months or years to develop. In other cases, they may not have completed the appropriate testing, or they knew about a serious issue that emerged during a clinical trial process and failed to report it.

If you or a loved one have been injured by a medical device, call our defective medical device lawyers in Texas for a FREE CONSULTATION.

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What is a Medical Device?

A medical device is any instrument, apparatus, implement, machine, or related article used to diagnose, prevent, mitigate, treat, or cure a medical condition. Unlike pharmaceutical drugs, medical devices accomplish their intended purpose without relying on chemical action within or on the body. These devices can range from simple, everyday tools like thermometers and bandages to complex, cutting-edge technologies such as pacemakers, surgical robots, and magnetic resonance imaging (MRI) machines.

Medical devices are generally categorized based on the level of risk they pose to patients. Class I devices, such as bandages, present the lowest risk, while Class II and III devices, like insulin pumps and implantable heart valves, require stricter regulations and testing due to their potential impact on health. The development, testing, and monitoring of medical devices are governed by stringent standards to ensure their safety and efficacy for patient use.

Understanding the Causes of Defective Medical Device Lawsuits

Without all of the information, physicians who suggest medical devices and the patients who end up using them are not able to make an informed decision. In fact, some of these patients may not even know whether an alternative is available and end up using a device that compromises their health.

One of the most unfortunate aspects of defective medical devices on the market today is that most patients using them will not realize it until it is far too late. For example, consider the metal on metal hip implants that have led to metal poisoning in the blood for patients.

This can lead to life-changing consequences for a patient. Likewise, doctors need all of the relevant data in order to determine which medical devices are safe to prescribe and recommend to patients.

When they do not have all of the information because the manufacturer has failed to equip them with it, mistakes can be made that lead to an injury – or worse – for a patient. Defective medical devices have been in the news in the last several years because of a growing number of class-action lawsuits and reports filed with the Food and Drug Administration (FDA) regarding medical devices that had major side effects linked to them.

Although a broad range of protocols and clinical trial requirements aim to capture problems before a medical device becomes available for patients, this does not always prevent dangerous devices from making it to market and injuring those patients. This is why Thompson Law encourages those victims to file a defective medical device lawsuit to send a message to the manufacturer about safety being a top priority.

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Defective Medical Devices: Examples of Recalled Medical Devices

Defective medical devices have caused significant harm to patients when they fail to perform as intended. Manufacturers sometimes recall these devices due to safety concerns, design flaws, or manufacturing defects.

Below are some examples of medical devices that have been subject to recalls:

  • Hip Replacement Implants: Certain hip implants have been recalled for issues such as metal poisoning, premature failure, or loosening, causing severe pain and the need for corrective surgeries.
  • Pacemakers and Defibrillators: Some cardiac devices have been recalled due to battery malfunctions or inaccurate readings, leading to potentially life-threatening situations.
  • Surgical Mesh: Commonly used in hernia and pelvic surgeries, defective surgical mesh products have been associated with complications like infection, pain, and mesh erosion.
  • Insulin Pumps: Several insulin pumps have been recalled for delivering incorrect dosages, putting patients at risk of hypoglycemia or hyperglycemia.
  • Breast Implants: Certain textured breast implants have been recalled due to an increased risk of a rare form of lymphoma.

A more comprehensive list of Medical Device Recalls can be found on the FDA’s website.

Top Reasons Behind Medical Device Recalls

Medical device recalls occur for a variety of reasons, largely aimed at protecting patient safety and addressing issues discovered during or after the device’s release to the market. These recalls help mitigate risks associated with defective or unsafe products. Below are some common reasons for medical device recalls:

  • Design Flaws: Devices may have inherent design issues that can compromise their functionality or safety.
  • Manufacturing Defects: Problems during the production process, such as contamination or incorrect assembly, can lead to recalls.
  • Labeling Errors: Incorrect or incomplete usage instructions, warnings, or other critical labeling inaccuracies may result in recalls.
  • Software Malfunctions: Devices reliant on software may face glitches or errors that affect their performance or reliability.
  • Adverse Event Reports: User feedback or reports of unexpected medical issues can lead to an investigation and potential recall.
  • Regulatory Non-Compliance: Devices that fail to meet established regulatory standards or approvals may be subject to recall.

Whatever the reason your device was recalled, our defective medical device lawyers in Texas may be able to help.

Steps to Take if Your Medical Device is Recalled

If your medical device is recalled, it is important to act promptly and follow proper steps to ensure your safety and resolve the issue effectively. Below are key actions our defective medical device lawyers in Texas recommend you take:

  1. Read the Recall Notice Carefully: Review the recall notification thoroughly to understand the reason for the recall, potential risks, and specific actions being requested by the manufacturer.
  2. Contact Your Healthcare Provider: Consult your doctor or healthcare provider to discuss how the recall impacts your treatment and whether alternative options are necessary.
  3. Follow Manufacturer Instructions: Comply with any instructions provided in the recall notice, such as returning the device, ceasing use, or obtaining a replacement.
  4. Report Any Adverse Effects: If you have experienced issues or adverse effects related to the device, report them to your healthcare provider and consider informing the FDA’s MedWatch program.
  5. Stay Updated: Monitor any follow-up communications from the manufacturer or relevant authorities for updates or additional steps required regarding the recall.
  6. Contact a Defective Medical Device Attorney: Our defective medical device lawyers in Texas are available to offer you a FREE CONSULTATION regarding your medical device injury.

Why You Need to Take Action After Being Injured

Reporting your concerns to the FDA and an experienced defective medical device lawyers in Texas also can help other people from suffering a similar fate. For example, if you had a medical device that turned out to be defective and caused you serious medical issues as a result, your decision to report this could join a growing body of adverse event reports that are ultimately used for that device to be recalled or taken off the market entirely. Such reports protect other consumers and families from having to deal with the devastating consequences of a device that never should have been available to begin with.

Often, it is these adverse event reports and class action lawsuits against defective medical device manufacturers that stop the behavior once and for all. Being able to identify a Texas defective medical device attorney who has extensive experience in the field is strongly recommended. You have a limited period of time in which to file a lawsuit to hold a manufacturer accountable. Taking action sooner rather than later protects you and protects others. Furthermore, it sends a message to the manufacturers that this kind of behavior will not be tolerated.

Contact an experienced defective medical device lawyers in Texas at Thompson Law today or fill out the form below for your FREE CONSULTATION.

At Thompson Law

We provide defective medical device victims with dedicated and tenacious legal representation, ensuring that you get fair value for your claim. Our defective medical device lawyers in Texas will build a strong case with supporting evidence so that you recover the money that you deserve.

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Who is Liable for Defective Medical Devices?

When it comes to defective medical devices, several parties may be held liable depending on the circumstances surrounding the case. The liability often falls on the manufacturer of the device, as they are responsible for ensuring their product is safe for consumer use. If a design flaw, production defect, or failure to warn consumers about known risks contributed to harm, the manufacturer can be held accountable.

Additionally, distributors, sellers, and medical professionals could also share liability if negligence on their part played a role in the injury. For example, suppliers or retailers that failed to inspect devices or health practitioners who improperly used or recommended a faulty product may be named in a lawsuit. Determining liability can be complex, so consult with our defective medical device lawyers in Texas to investigate your case thoroughly and identify all responsible parties.

How Can You Demonstrate That a Medical Device is Defective?

Demonstrating that a medical device is defective requires gathering evidence to show that the product caused harm due to flaws in its design, manufacturing, or labeling. Building a strong case often involves working with legal and medical experts to establish the connection between the defective device and the injuries sustained. Here are some key steps our defective medical device lawyers in Texas want you to consider:

  • Preserve the Device: Keep the defective medical device in its current condition and avoid altering or tampering with it. This ensures it can be used as evidence.
  • Gather Medical Records: Obtain detailed records of your medical treatment and the injuries or complications caused by the device. These documents can establish the harm suffered.
  • Consult Experts: Work with medical and technical experts to assess the device, identify defects, and provide testimony on how it failed to function as intended.
  • Document Evidence: Collect photographs, videos, and detailed notes related to the device’s failure and its impact on your health.
  • Review Labels and Instructions: Examine the manufacturer’s warnings, instructions, and specifications to identify any inadequate guidance or missing safety information.
  • Establish a Timeline: Create a clear timeline that connects the usage of the defective medical device to the resulting injuries or harm.

What Compensation Can I Get for Injuries From a Defective Medical Device?

If you have suffered injuries due to a defective medical device, you may be entitled to various forms of compensation. The type and amount of compensation depend on the severity of the harm you experienced and the impact it has had on your life.

Common categories of compensation include:

  • Medical Expenses: Reimbursement for past and future medical bills related to treating injuries caused by the defective device. This can include costs for surgeries, hospital stays, medication, rehabilitation, and ongoing care.
  • Lost Wages: Compensation for income lost if your injuries prevented you from working, as well as future earnings if you are unable to return to your job or face diminished earning potential.
  • Pain and Suffering: Damages awarded to address the physical pain and emotional distress resulting from the defective device and its impact on your quality of life.
  • Disability and Disfigurement: Additional compensation if your injuries have caused permanent disability, reduced mobility, or visible scarring/disfigurement.
  • Loss of Consortium: Monetary damages for the loss of companionship, affection, or support experienced by your spouse or close family members due to your injuries.
  • Punitive Damages: In some cases, courts may award punitive damages if the manufacturer’s negligence or misconduct was particularly egregious, serving as a deterrent to prevent future harm.
  • Wrongful Death: Compensation for the loss of a loved one due to injuries caused by a defective product, including funeral expenses, loss of income, and emotional suffering experienced by surviving family members.

Each case is unique, and the compensation you may receive will be based on the specifics of your situation. Consulting with our defective medical device lawyers in Texas can help you determine the full extent of damages you are entitled to claim and build a strong case for maximum recovery.

How Long Do I Have to File a Medical Device Injury Claim in Texas?

Under Texas law, the statute of limitations for filing a medical device injury claim is generally two years from the date of the injury or the date when the injury was discovered or should have reasonably been discovered. This means that you must take legal action within this time frame to avoid losing your right to seek compensation. However, certain exceptions may apply, such as cases involving minors, individuals with disabilities, or instances of fraudulent concealment by the manufacturer.

Be sure to act promptly, as gathering evidence and building a strong case can take time. Consulting with our defective medical device lawyers in Texas as soon as possible ensures that your claim is filed within the required deadline and increases your chances of securing the maximum compensation you deserve. Missing the statute of limitations could result in your claim being dismissed, leaving you without recourse for your injuries and damages.

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Contacting our skilled defective medical device lawyers in Texas is easy and risk-free. We offer a FREE CONSULTATION to evaluate your case and discuss your legal options. Our team is dedicated to fighting for your rights and securing the compensation you deserve for your injuries, medical expenses, lost wages, and pain and suffering.

Don’t face the legal battle alone—reach out to us today for expert guidance and compassionate support. Call us now or fill out our online contact form to get started with your free consultation.

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