Phoenix Medical Device Recall Lawyer

A patient can be injured, permanently disabled, or wrongfully killed by a failed medical device they depended on to maintain their health and mobility.  Despite rigorous testing and approval processes, defective medical devices are implanted in patients every day across the country.

If you suffered injuries or lost a loved one due to a defective medical device, the attorneys at Knapp & Roberts have the experience and understanding to help.  

Knapp & Roberts offers:

• A complimentary consultation with an experienced personal injury attorney;
• Compassionate and empathetic client care;
• Aggressive representation in negotiations, arbitration, and litigation; and
• A track record of success in personal injury recovery.

We can assist you in obtaining compensation for your medical expenses, pain and suffering, lost wages, and more.  Reach out to Knapp & Roberts in Phoenix today.

How a Phoenix Medical Device Recall Attorney May be Able to Help 

At Knapp & Roberts, our commitment is to our clients.  When you retain our medical device recall attorneys for your claim, you receive quality, one-on-one representation.  

Medical device recall claims are complex and require extensive medical and legal knowledge.  We start these cases by thoroughly examining your information for viability.

Any medical device recall case must withstand the scrutiny of medical experts and the court.  If your claim meets the medical and legal requirements to proceed, we delve further into:

• Case investigation, including a review of your medical records;
• Evidence collection;
• Researching government data about the product and related injuries; 
• Expert consultation, medical and financial;
• Preparing and filing litigation to preserve your claim;
• Pursuing negotiations and a potential settlement;
• Reaching an agreement on your case; or
• Moving towards trial.

Knapp & Roberts will keep you informed as your case progresses.  We will also advise you of the best legal strategies to move your case through the claims process.  This includes when and whether to take a settlement or go to trial.

For more information about the claims process and our approach to medical device recall claims, schedule your appointment with Knapp & Roberts in our Phoenix office.

What is a Medical Device?

A medical device, as defined by the Food and Drug Administration (FDA), is an instrument, apparatus, machine, or similar article that includes a part that is intended to diagnose, prevent, treat, or cure a disease, as well as physically influence the function or structure of the human body.

How is the FDA Responsible for Medical Devices?

The FDA has an approval process for medical devices that includes clinical trials.  These trials are meant to protect the public from any hazards a defective medical device may cause.  Despite these efforts, flawed medical devices still make it into the healthcare market.

What is a Defective Medical Device?

A defective medical device is one that fails to work properly regardless of required routine checks, maintenance, and monitoring.  There are three types of defective medical device claims depending on the reason for the failure or damage caused to the patient.  

A defective medical device may have a manufacturing defect, device defect, or a marketing defect.  

• Manufacturing defects.  A medical device with a manufacturing defect becomes defective at any point between its production and receipt by the patient.  These product defects commonly occur during manufacturing or shipping;
• Design defects.  These are medical devices that are not designed properly.  A flaw in design causes these devices to be unsafe and structurally unsound.  As such, the device may collapse or fail, causing harm to the patient; and
• Marketing defects.  Products that do not contain proper warnings make false or misleading claims suffer from marketing defects.  A marketing defect can also include when a patient is not taught the appropriate use of a product.

These three sources of liability encompass the chain of distribution of a product or all the parties that come into contact with a product while it makes its way to the patient.

Who is Liable for a Defective Medical Device

Anyone in the chain of distribution of a defective medical device may be liable for a patient’s injuries or wrongful death.  

Examples of the chain of distribution include:

• The medical device manufacturer;
• The designer of the medical device;
• The doctor who prescribed the medical device;
• The lab where the medical device was tested;
• The marketer of the medical device; 
• The distributor of the medical device;
• The retailer or pharmacy who sold the medical device; and
• The medical sales representative who marketed the medical device.

To prove that a medical device is defective, the type of defect must be identified and verified.  This takes a team of experts and a skilled defective medical device attorney to accomplish.

Compensation for a Defective Medical Device Claim

Once liability is established, a defective medical device attorney can move forward with assessing a patient’s total expenses and losses.  These include both current and future projected medical needs.  Award amounts vary according to the type and severity of the injuries and the patient’s overall prognosis.

Economic and non-economic damages will be considered when determining a fair compensation award.  Economic damages are those with fixed or approximate dollar amounts like:

• Past and future medical costs;
• Loss of earning potential;
• Lost wages;
• Physical therapy; 
• Counseling or psychiatric care; and
• Nursing care.

Non-economic damages are hard to quantify as they are personal losses and include:

• Mental and emotional trauma;
• Pain and suffering;
• Loss of consortium; and
• Loss of enjoyment of life.

Other damages awards are available on a case-by-case basis.  An experienced attorney can discuss these in detail during a claim consultation.

Commonly Used Medical Devices

Medical devices are commonly used for a variety of patient needs.  There are several types of devices on the market, many with multiple manufacturers.  

Any of these may cause patient injury or death if defective:

• Pacemakers and defibrillators.  These are small implants within the chest that help to control abnormal heart rhythms;
• Hearing aids.  Hearing aids amplify and define sounds to improve hearing;
• Breast implants.  Whether filled with saline or silicone gel, breast implants alter the size, shape, and contour of a woman’s breasts;
• Contraceptive devices.  The IUD or intrauterine device, along with other uterine inserts, is designed to prevent pregnancy;
• Hip implants and knee implants.  Hip and knee implants replace these joints for patients in need;
• Insulin pumps.  Insulin pumps administer insulin to treat diabetes and manage blood sugar;
• Heart stents.  Heart stents help to keep coronary arteries open and reduce the risk of a heart attack; and
• Transvaginal mesh.  Transvaginal mesh is implanted to treat urinary incontinence and pelvic organ prolapse in women.

The above medical devices are life-changing when working as prescribed and under the surveillance of a doctor or medical provider.

Current Medical Device Recalls

There are currently medical devices on recall by manufacturers due to serious patient injury or death.  

These are the following:   

• Sulzer hip replacement;
• Sulzer knee replacement;
• Dialysis filters;
• Shoulder pain pumps;
• Hip replacement systems;
• Power morcellators;
• Hernia mesh;
• Pelvic mesh;
• Pacemakers; and
• Defibrillators.

Patients who have suffered injuries or the death of a loved one due to one of the above defective medical devices should seek the immediate advice of a medical device recall attorney.

Medical Devices Now Under Investigation

Medical devices are now under investigation for design defects or marketing defects are:

1. Bair Hugger surgical warming blankets; and
2. IVC Filters.

To find out about a specific product, contact a medical device recall attorney.

Injuries Caused by Defective Medical Devices

There are numerous types of medical devices.  When defective, they can result in any variety of patient injuries depending on their location in the body and method of use.  

Some commonly cited injuries due to defective medical devices include:  

• Organ loss;
• Infection;
• Allergic reaction;
• Heart attack;
• Stroke;
• Tissue or bone damage;
• Chronic pain; and
• Permanent disability.

If you or your loved one suffered any of these injuries or another type of harm from a defective medical device, contact an experienced medical device recall attorney immediately.

 Speak to an Experienced Medical Device Recall Attorney in Phoenix

At Knapp & Roberts, we will gladly listen to your story about the defective medical device that injured you.  Please feel free to contact us at no charge, by telephone or e-mail, or complete the Do I Have a Case form, and one of our attorneys will contact you.

If you have a defective medical device claim, Knapp & Roberts will fight to protect your rights against the medical device manufacturer and any large insurance companies shielding them from liability.  We have the resources and resolve to tackle the most complex medical device injury cases by negotiations or trial litigation.

At Knapp & Roberts, we keep your information confidential and completely manage your legal matter allowing you time to focus on your well-being.  Work with one of our professionals.  Reach out to Knapp & Roberts in Phoenix now with your defective medical device questions and legal concerns.

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