Defective Medical Devices
Many of us utilize medical products or take prescription medications without even questioning the safety of the product. However, sometimes these items and medications can have defects and problems that can be very dangerous to us and the ones we love. Companies that make or market these medications and items are supposed to see to it that the medications and items we utilize and consume are tested for their safety. If they fail to do so, they should be held accountable for their actions. Since these claims often involve understanding how medications and items are made, it can be difficult to prove that a maker is responsible for the problems with the medications or items and it can also take a large amount of time and financial resources.
Our Chattanooga defective and dangerous drug attorneys at The Higgins Firm constantly look to protect our clients from potentially harmful drugs in Tennessee and the surrounding areas. Below are just some of the defective drugs we’re working on:
- Actos
- Benicar
- Da Vinci Robotic Surgery
- Invokana
- Metoclopramide (Reglan) Side Effects
- Mirena
- Stryker Hip Implants Recall
- Testosterone
- Xarelto
- Zofran
You may be wondering why several medications with problems and defects are being given or recommended to consumers. The United States Food and Drug Administration (FDA), who has a responsibility to have medications and items properly examined and certified before they reach the market has become pressured in the past twenty years from the makers of these medications that wish to have accelerated certifications and fewer standards for examinations.
The Food and Drug Administration has admitted companies don’t always properly provide warning labels for all the dangerous side effects of a medication before it reaches the market. The safety information for a newer medication is not entirely completed because studies on newer medications are performed on a limited amount of people. This often means that the last of the medication’s safety information is completed when it has already received approval and is being marketed to consumers.
Many producers of medications also make decisions based upon how much money they can make instead of the consumers’ safety. The business of making and marketing newer medications is tough because it is a business that makes billions of dollars. For this reason ,many medication makers and marketers can be tempted to downplay vital information from the Food and Drug Administration so that they can receive their approval.
Why Are Medical Devices Recalled?
As a defective medical device lawyer in Tennessee, we know of a few commonly occuring themes that are often related to a medical device failure. These include:
Packaging and Labeling – Faulty packaging or labeling of a medical device is one of the most common causes of a recall. For example, if a medical device label fails to indicate specific instructions for the age requirements, or if the outer packaging has not been made in a sterile environment, a recall may occur. In general, when this happens, and you were not injured as a direct result of this mistake, you will be able to exchange the device for a new one that meets the accepted requirements.
Faulty Device Connection – Technological advancement in the medical industry has led to a number of errors with the software and connections of medical devices. At this time, there are several recalls related to this mistake, and we expect it to increase.
Particulate Matter – Particulate matter is a complex mixture of very small particles and liquid droplets that can cause health problems and injuries – especially to the lungs and heart. It is most often found in intravenous medical devices. When this matter is acquired during the manufacturing or packaging process, patients may be at a serious risk.
Component Changes – The change control process of medical devices is very complicated. On a regular basis, manufacturers of these devices must vet their design, productino, and supplier to ensure their product meets a continuous demand of quality and compliance. Failure to do so may result in a recall, as well as harm to users.
Leakage – When a medical device product, or it’s packaging is found to have a leak, health issues can occur. Manufacturers have a duty to conduct adequate testing to detect any leaks, or prospective leakage problems. If they fail to do so, they may be accountable.
The above are only some reasons for a medical device recall to occur. It must be noted that there will be some people who will be injured before the recall. Often it is these injuries that eventually lead to a full scale recall. If you are one of these people who have been injured by a defective medical device, please call a Tennessee defective medical device lawyer from The Higgins Firm.
What can a Dangerous Medication and Medical Device Lawyer do for my Case?
If you or a family member has been hurt after using a medication with defects or problems, it is important that you speak to one of our dangerous medication and medical device lawyers. We understand how difficult this must be for you. We will listen to your claim and answer any questions you may have. Then, we will use our background and skills to help you receive the compensation you are entitled to by law for what you and your family have been through.
Contact us online or call us at 800.705.2121 to set up a FREE consultation to discuss your legal options.