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Defective Medical Devices

Among the types of defective products which may be put on the market, defective medical devices pose an especially serious risk of serious personal injury and wrongful death. As an experienced West Virginia products liability attorney, Kay Bayless has the necessary knowledge and skills to hold device makers accountable when their defective devices have caused serious harm.

A wide range of devices are regulated by the government

The U.S. Food and Drug Administration (FDA) oversees a wide variety of medical devices, from chest-implanted pacemakers to surgical gloves. In deciding whether a particular device meets government standards for safety and efficacy, the FDA places the device into one of three classes. Class I devices are those where a defect could likely cause serious negative consequences or death, while a defective Class III device is not likely to cause adverse consequences to health, although it must still be recalled if found to be defective.

Medical devices should receive FDA approval before they are ever put on the market, but product makers have found ways around this rule, such as by shipping devices while their application is pending, misclassifying their product as a Class III device to escape scrutiny, or claiming that the device is substantially similar to some other device that the FDA has already approved. Tricks like this have allowed dangerously defective medical devices onto the market, which have caused serious actual harm. Some devices which have caused serious personal injury recently include:

  • Metal-on-metal knee and hip replacements that wear out and release toxic metals into the bloodstream
  • Transvaginal pelvic mesh and slings that cause infections, erosion of tissue or perforated organs
  • Intrauterine Devices (IUDs) that migrate away from the implanted site and perforate the uterus, abdomen or other organs
  • Endoscopes which cannot be properly sterilized due to their design, causing antibiotic-resistant “superbug” infections to pass from patient to patient
  • Shoulder pain pumps that destroy cartilage, causing permanent pain and disability

Help is Available for Defective Medical Device Injuries in West Virginia

Medical devices have suffered from all types of products liability defects, including design defects, manufacturing defects, and improper labeling. As an experienced products liability lawyer, Kay Bayless knows what it takes to hold medical device makers liable for the damages they have caused by allowing a defective device on the market. If you have experienced post-operative pain or complications, or other symptoms which you believe may be attributable to a defective medical device, contact the Bayless Law Firm in Princeton, West Virginia for a free consultation with a skilled and knowledgeable products liability attorney.

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