When designed and used properly, medical devices save lives or can extend patients’ lives for years. Like other products, though, medical devices can fail for a variety of reasons. And defective medical devices often cause serious and long-term injury, or in the worst cases, death.
The term “medical device” encompasses a wide range of products. Below are just a few of medical devices that, if defective, may cause serious injuries and warrant speaking with Montero Law in Fort Lauderdale about a product liability lawsuit.
- Transvaginal mesh
- Mirena IUD
- Hip replacements
- Knee replacements
- Covidien device
- Metronic Infuse Pump
- Power morcellators
- Cochlear implants
- And more
Reasons Medical Devices Fail & Liability for Related Injuries or Medical Conditions
Medical devices, like other products, can fail for any number of reasons. Some devices fail because they have defective designs or call for sub-par materials that are not thoroughly tested. Others fail because the manufacturer created a defect during the manufacturing process.
Inadequate warnings is another type of defect that can lead to product liability cases against the manufacturer. The device manufacturer must disclose any risks or complications of which it is aware. Failure to do so leaves the manufacturer liable for injuries related to the defect.
For example, some accuse hip replacement manufacturers of creating defectively designed metal-on-metal hip replacements that release metal debris into the body. They claim that the manufacturers concealed this heightened risk, leading many to suffer from metallosis, not to mention other complications.
If your medical device failed because of a defective design, defective manufacturing, and/or inadequate warnings, you could win financial compensation from the manufacturer. Of course, in other cases, a doctor, surgeon, or other healthcare professional could be liable for failure to get patient’s informed consent, improper implantation in the patient’s body, or inadequate follow-up or monitoring.
Much depends on the circumstances, which is why patients are encouraged to review the details of the case with a lawyer at Montero Law.
Bring Your Lawsuit within the Statute of Limitations for Defective Medical Device Claims
Patients injured by faulty medical devices must file their lawsuits within four years of discovering the problem. This is the statute of limitations established for product liability in Florida. Once four years have elapsed, the patient may not bring the case.
But much of Florida’s population are not native to the state. Many receive treatment with or implantation with medical devices while residing in other states, and then move to Florida later where a problem with the device might manifest.
So whose statute of limitations applies in these cases? Florida’s or the state where the medical device was used or implanted.
The patient’s location when he discovered the injury plays a large role in a judge’s decision of whether to allow the patient to bring the case under Florida’s lengthy statute of limitations, or require filing in another state. But in some cases, the location at the time of implantation of or treatment with the device plays the larger role.
Much depends on the circumstances, so talk to Montero Law about your case and how long you have to file your claim. Do so as soon as possible to ensure you meet the deadline and to start collecting the medical records and other evidence you’ll need.
Montero Law can help you from start to finish beginning with a free consultation at our Fort Lauderdale offices. So call us at 954-767-6500 or use our contact form to schedule your appointment to review your case.