Defective Medical Device

If you or a loved one has been injured by a defective medical device, our experienced attorneys can guide you through the legal process and help you obtain fair compensation for your injury or disability.


Compensation For Defective Medical Devices: The Jaklitsch Law Group Can Help

Medical devices often represent the best of human intelligence and research. This equipment, once implanted in the body, can relieve patients’ pain and even save lives. For instance, devices like pacemakers can be smaller than a quarter but greatly affect patient health. Devices like knee and hip replacements can give people their quality of life back and allow them to walk without pain.

However, when the medical device is defective, it causes more problems than it solves. When a device is defective, it can lead to further injury, disability, and even death.

If you or a loved one has been injured because of a defective medical device, you may be entitled to fair compensation for your injury or disability due to that device. Speaking with a Maryland defective medical device lawyer can help you understand what compensation you may be entitled to. The experienced team at The Jaklitsch Law Group can walk you through filing a defective medical device lawsuit and obtaining the compensation you deserve.

Types Of Defective Medical Devices

Medical device safety is paramount when considering what kind of devices you are willing to put in your body. Some examples of defective medical device brands that have either been recalled or have been the subject of class action lawsuits that you may have been exposed to include:

  • DePuy and Stryker hip replacements,
  • Nuvaring internal birth control ring,
  • Transvaginal mesh, and
  • Medtronic Infuse bone graft implant.

Nearly any medical device can injure you—not just these brands named above. If you are injured by a medical device, you may be entitled to compensation from a number of parties, including the manufacturer.

More generally, many medical devices are implanted in patients daily that are either defective before they are put in your body or become defective due to manufacturing issues or other problems after they have been installed. Examples of these devices include:

  • Heart valves,
  • Joint replacements,
  • Pacemakers,
  • Stents,
  • Dental implants,
  • Hernia mesh or patches,
  • Prosthetic implants, and
  • Intrauterine devices (IUDs).

Even lifesaving medical devices can harm patients when they do not work properly. For instance, an implanted defibrillator or pacemaker that “fires” at the wrong time can cause serious heart damage and even kill a patient with otherwise well-managed heart disease. To understand whether a given device may be “defective” and whether you may be able to file a defective medical device lawsuit, please contact a Maryland defective medical device attorney as soon as possible.

Liability In Defective Medical Device Lawsuits

Product Liability Laws

While your injuries from a defective medical device may constitute a personal injury claim, medical device lawsuits are also typically covered by product liability laws. Product liability laws protect the public from negligent manufacturers that create and sell dangerous products. When you have a medical device implanted into your body, you trust device manufacturers have designed and sold products that will help you—not hurt or possibly kill you.


When something goes wrong with your medical device, you deserve to recover compensation for your damages. Filing a civil lawsuit after being injured by a defective medical device also has the benefit of preventing other consumers from suffering the same harm in the future.

Impact of FDA Approval

If you do pursue a product liability claim against a device manufacturer, make sure that you check with a defective medical device lawyer before pursuing a claim or seeking a settlement. Your chance at receiving a defective medical device settlement may be impacted by the FDA approval status of the device that injured you.

Each year, the Food and Drug Administration tests and approves thousands of medical devices before they can be marketed and sold. However, in 2008, the U.S. Supreme Court ruled that manufacturers cannot be held liable for a defective device if the device was FDA-approved. While this seems like it would provide manufacturers with the ability to flood the market with defective medical devices, once devices are approved, they are still monitored by the FDA. The FDA requires manufacturers of that device to disclose device failures or other adverse events that may cause patient death, illness, or serious injury because of the device. If the FDA issues a warning or device recall, the device manufacturer is again at risk for liability and can be sued by injured patients or surviving family members if wrongful death is involved. However, as long as the device is in good standing with the FDA, manufacturers are insulated from civil lawsuits.

Medical Malpractice

One additional way that you may be able to recover damages for harms you have suffered is by suing the doctor or medical practitioner who installed a medical device in your body. Sometimes, your doctor may use an approved device improperly, meaning in a manner outside of its scope of approved use, and thus cause harm to you. For instance, your doctor may try to use a hip replacement in a “new” way that may make the installation easier for them but much more dangerous and more likely to fail for you. A situation like that would likely become a case of malpractice rather than defective product liability. But if your doctor improperly uses a recalled device and harms you, you might have a claim not only against the doctor, but the device manufacturer as well.

Working With A Defective Medical Device Attorney

At the Jaklitsch Law Group, clients work with a hardworking team of experienced professionals who have helped thousands of clients navigate defective medical device and personal injury cases. We return your calls and e-mails promptly and keep you informed of important developments in your case. If you are unable to visit us at our accessible offices, we will be glad to meet you at your home, in the hospital, or in another convenient location. Initial consultations are free and you will pay no attorney fees unless we win your case. Call us today to learn more.

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