Product Liability: Medical Devices

It is an unfortunate fact that every year tens of thousands of Americans are injured or killed by medical devices that are intended to monitor, stabilize, or improve their health.  While the intent may be commendable, victims (and their families) of these adverse outcomes are entitled to receive compensation for their injuries and pain & suffering.

The broad term 'medical devices' covers a wide range of products, including pacemakers and cardiac devices, hospital equipment, home medical aids, and the like.  However, it also includes several that might not be commonly considered to fall within this claim category:

• breast implants
• contacts lenses & eye wear
• dialysis equipment
• elective cosmetic products (including botox)

Categories of Medical Device Liability Claims

Each state, including Colorado, has its own procedures for determining the nature of the liability in a medical device claim, but the three most common claims are:

Defective Design
Faulty design (often the result of inadequate testing) results in injury to the victim.  The thousands of lawsuits spawned by the use of silicone filler in breast implants, leading to a host of health complications, is one of the most famous examples of this type of case.

Defective Manufacture
A flaw in the manufacture of the medical device results in injury to the victim.  An artificial heart with a damaged valve, or an insulin syringe that was contaminated at the factory, are examples of this.

Poor Labeling and/or Failure-to-Warn
One of the most common complaints, wherein incomplete, misleading, or absent labeling information results in consumer misuse of the medical device, and subsequent injury.  At-home cosmetic devices with insufficient labeling are an example of this type of claim.

Finding Legal Help for a Medical Device Liability Claim

Medical device product liability is a specialized area of legal practice, and claims of this nature require a Colorado personal injury attorney who is thoroughly educated and experienced in these types of cases.  Victims who believe they have suffered injury due to an improperly designed, manufactured, or labeled medical device are encouraged to seek immediate legal advice regarding their case, in order to explore their full legal rights to compensation and recompense.