CPR Takes On Medical Device Litigation

Medical device litigation involves lawsuits against manufacturers when a medical device causes injury due to a design defect, manufacturing defect, or failure to warn about known risks. These cases often involve devices that were implanted or used as part of medical treatment.

You may have a claim if you were injured by a medical device and your injury is linked to a defect or undisclosed risk associated with that device. Eligibility generally depends on your diagnosis, the device involved, medical records, and whether the device is part of active litigation.

Medical device litigation has involved devices such as hip and knee implants, surgical mesh, pacemakers and defibrillators, IVC filters, and other implanted or surgically used devices. The specific devices involved in litigation change over time as new defects and risks come to light.

These cases are typically built on medical records, surgical records, expert medical testimony, and evidence showing the manufacturer knew or should have known about a defect or risk and failed to adequately warn patients or doctors.

Compensation may include medical expenses, costs of additional surgeries or treatment, lost income, and pain and suffering. In cases involving a death, surviving family members may be able to pursue a wrongful death claim.

Most medical device claims are subject to a statute of limitations, the legal deadline for filing a lawsuit. This deadline varies by state and is generally based on when the injury occurred or was reasonably discovered. Because deadlines differ, it’s important to speak with an attorney as soon as possible.

Medical device litigation involves a claim against the manufacturer of a defective device, while medical malpractice involves a claim against a doctor or healthcare provider for negligent care. In some cases, both types of claims may apply.

Most medical device litigation attorneys work on a contingency fee basis, meaning you don’t pay upfront and only owe attorney fees if your case results in compensation.

A device does not need to be recalled for you to have a claim. Many lawsuits involve devices that remain on the market, since litigation is based on the injury and defect rather than recall status alone.