29 Jan Defective medical device claims
Every year, thousands of Irish people rely on medical devices to help diagnose, prevent and treat various diseases and conditions. They use these devices in the hope that they will improve their health and quality of life. They use these devices assuming they are safe. But sadly, this isn’t always the case. If a defective medical device is used, it can lead to serious injury and suffering for patients.
If you have sustained an injury due to the use or insertion of a defective medical device, contact Ferrys Personal Injury Solicitors for advice on making a claim.
What can go wrong?
Organisations that manufacture and dispense medical devices have a responsibility to patients. As with any product, when we receive a medical device, we expect it to be fully functioning and tested to ensure it is effective. We also assume any side effects will be clearly outlined.
But sometimes a medical device can be badly designed or defective and this can lead to injury for users. Some problems which might lead to a personal injury claim against a medical manufacturer include:
- Manufacturing errors
- Design defects
- Inadequate information on the appropriate use of devices
- Unknown or inadequate information on side effects
Medical devices range from non-invasive glasses and wheelchairs right through to surgically implanted hip replacements, stents, breast implants and pacemakers. Whether the device is surgically implanted or not, if it has caused harm, personal injury claims can be brought forward.
Who is at fault for your defective medical device?
In instances where a medical device causes injury, the manufacturer isn’t always at fault. Negligence could also lie with:
- The distributor
- The hospital or body which buys and recommends its use
- The doctor or surgeon who implanted it
Injuries can ensue when a medical device is inserted incorrectly by a surgeon. Problems can also occur if medical professionals select the incorrect device for treating a patient or fail to provide adequate follow-up care. If your injuries were caused by inadequate treatment, the device manufacturer won’t be at fault for your suffering.
In cases where a doctor has been negligent in his or her duty of care, medical negligence claims are pursued rather than personal injury claims. Cases of medical negligence proceed straight to court, while defective device cases are assessed by the Personal Injury Assessment Board first.
Sometimes deciphering who is to blame for your injuries is difficult. Personal injury solicitors can help.
Defective medical device settlements
Defects can occur on a large scale resulting in dozens, or even thousands, of claims and defective medical device settlements.
Thousands of women across Ireland, the UK, the US and Australia have made claims against public health services and manufacturers after suffering from issues with vaginal mesh implants. Manufacturers have spent $8 billion settling cases.
Recently, Johnson & Johnson agreed to pay $1 billion to resolve claims it sold defective metal-on-metal hip replacements. The company has resolved over 95% of the 6,000 cases in which surgeons removed the implants because of defects which left patients in pain.
If you have suffered pain due to a defective medical device or have concerns about a recall, get in touch today. Our personal injury solicitors will help you with your case.
