By Osborne & Francis
October 21, 2022

Current Defective Medical Device Lawsuits

Medical devices are intended to replace or repair damaged body parts, or to relieve the side effects of health conditions. However, when a design flaw, manufacturing defect, or lack of a warning label leads to a serious injury, medical device recipients may find themselves buried under overwhelming medical debt. 

If you have been injured, become ill, or been harmed as a result of a defective medical device, you have the right to seek damages in a product liability lawsuit.

You need a tough negotiator to take on a negligent medical device maker and their insurance carrier. The product liability lawyers of Osborne & Francis can offer you a free, personalized consultation to discuss your options. Call us at 561-293-2600 or contact us online at our Orlando or Boca Raton offices.

Metal-on-Metal Hip Replacements May Cause Permanent Damage

Receiving a metal-on-metal hip implant is intended to resolve mobility issues brought on by conditions like arthritis, or acute injuries. With over 2.2 million procedures performed in the U.S. between 2012 and 2020, hip replacement surgeries are one of the most common orthopedic surgeries. In most cases, a successful hip implant will last at least 15 years. However, metal-on-metal hip implants have proven to have significant design flaws, causing them to fail within a matter of a year, in some cases. 

The issue stems from the friction between the metal ball and cup pieces rubbing against each other. This has been shown to cause several issues, including metallosis, joint damage, and dislocation. As a result, many recipients of these metal-on-metal hip replacements have had to endure revision surgery and subsequent physical therapy. Unfortunately, the damage done by defective hip implants can irreparably limit mobility and cause chronic pain. 

Failure of Drug-Coated Stents Can Cause Heart Issues

Health conditions such as coronary artery disease can lead arteries to become too narrow, blocked by plaque, or even collapse. When this happens, surgeons sometimes recommend inserting a stent to prop up the artery's walls. Stents are designed to allow the blood to continue flowing smoothly. Some stents are coated with drugs that reduce the chance of blood clots or scarring of the artery. 

Unfortunately, some drug-coated stents have unintended side effects. The FDA has warned that certain drug-coated stents may increase the risk of blockage of the stent, heart attack, infection, allergic reaction to the drugs, and blood vessel rupture. These are serious complications that can prove deadly, especially if left untreated.

DePuy Hip Implants Face Product Liability Lawsuits

DePuy is one of the leading manufacturers of hip implants, servicing tens of thousands of patients internationally each year. After multiple medical associations reported that their ASR XL System metal-on-metal hip replacements had atypical failure rates, DePuy issued a recall. As with other hip implants, the metal-on-metal design proved to be faulty, with reports of metal poisoning, dislocation, swelling, and pain. Their Pinnacle model relied on similar technology and also produced significant complications. Additionally, when surgeons conducted revision surgery to remove the defective implants, they discovered fluid buildup around the device, ruptured tendons, and necrotized tissue. Johnson & Johnson, the parent company of DePuy, has faced product liability lawsuits for these failures over the last decade.

IVC Blood Clot Filters Can Deteriorate and Damage

Inferior Vena Cava filters are commonly used to treat blood clots or even avert future clotting. These medical implants are inserted into the inferior vena cava, the major blood vessel that connects the circulatory system that services the lower half of the body to the heart. Some patients who received IVC filters began to develop issues like thrombosis after the IVC filter moved or broke into multiple parts. In some cases, the filter traveled to the heart or lungs, causing an embolism, or tore the inferior vena cava vessel. 

Eventually, the correlation between the length of time an IVC filter was left inside a patient at the increase in serious complications was recognized by researchers and medical professionals. After complications concerning IVCs were reported, the device is now intended to be used as a temporary measure against future blood clots, rather than a permanent solution.

Guidant Defibrillators Endanger Patients With Cardiac Conditions

About 200,000 pacemakers are implanted into patients each year in the U.S. Many of these devices were sold by cardiac medical device company Guidant. When working properly, Guidant’s defibrillators would monitor a patient’s heart rhythm and provide an electrical shock to return it to the normal rhythm when necessary. 

However, multiple Guidant defibrillators had issues with short-circuiting that prevented them from delivering this critical reboot. As a result, patients with Guidant’s defective pacemakers are at a higher risk of being hospitalized or dying when their heart rhythm is not corrected promptly. Not only has Guidant recalled certain devices, but they have also faced charges from the federal government for failing to report their defective devices to the FDA. 

Transvaginal Mesh Carries Risk of Bleeding and Infection

Transvaginal mesh implants were marketed as an effective way to reduce the symptoms of Pelvic Organ Prolapse (POP) and Stress Urinary Incontinence (SUI). These conditions are often linked to childbirth or menopause. Women seeking relief for POP were led to believe that transvaginal mesh products were safe and effective, when in reality neither condition was completely true. 

When used to treat POP, the mesh was intended to provide support for organs that had weakened and were no longer properly suspended in the body. Instead, many transvaginal mesh recipients suffered from bleeding, pain, and infections related to the implant. The medical device injury attorneys of Osborne and Francis have expertise in this area, as evidenced by our recent contributions to a legal team that secured a 26.7 million dollar settlement for four plaintiffs injured by transvaginal mesh products.

What Should I Do if a Medical Device is Causing Health Issues?

Your first priority should be your health. Go to a licensed medical provider as soon as possible, and obtain a specialist referral if necessary. This is critical for two reasons. First, many of these defective medical devices can cause irreparable injury if not treated promptly. 

Second, having an independent medical record of your injuries and treatments will be critical in establishing liability if you decide to pursue a product liability lawsuit. It keeps a manufacturer or their insurance carrier from claiming that you willfully neglected to seek treatment in hopes of a higher payout, or that you were just exaggerating your injuries in the first place.

After you have sought professional medical help, you should involve a personal injury lawyer who has experience handling medical product liability lawsuits. They should be able to offer references from former clients as well as evidence of their ability to successfully settle cases similar to yours.

Why Should I Hire Osborne & Francis to be My Product Liability Lawyers?

As nationally-recognized personal injury attorneys, it’s safe to say that our team has an impressive knowledge of product liability law and savvy negotiating skills. Our record of previous settlements demonstrates our ability to recover maximum compensation for our clients.

We have built our firm based on our desire to protect injured clients from being taken advantage of by powerful insurance companies. Multi-million dollar medical device companies and their insurance carriers will undoubtedly have a tough legal team to back them up, and so should you. 

If you attempt to handle your product liability lawsuit on your own, you will likely end up with a lower settlement than an experienced product liability attorney could have negotiated for you. While you focus on healing, allow us to give your claim the focus it deserves.

Contact Osborne & Francis to Learn More About Defective Medical Device Lawsuits

Learning that a defective medical device has harmed your health rather than helped can feel like a betrayal. At Osborne & Francis, we believe that you should not have to suffer the financial fallout of a negligent medical device maker’s actions because you decide to seek treatment for your health condition. 

The product liability attorneys of Osborne & Francis will make your needs our priority as we negotiate a fair settlement for your costs, including medical bills, lost wages, and pain and suffering. Our team of trial attorneys will fight for your right to be compensated in negotiations and at trial.

The defective medical device lawyers of Osborne & Francis will develop an aggressive strategy to negotiate a settlement that reflects the true price you have paid for your injuries. You can reach us at 561-293-2600 or contact our Orlando or Boca Raton office online.

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Dennis and the other Osborne & Francis staff were amazing! Our case was HUGE and required tender loving care. Everyone on our case did their part by putting all the puzzle pieces together. We were given step by step updates and put at ease when our nerves got the best of us. For every inquiry we made we received a timely response...You are appreciated!

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“I am so thankful for EVERYONE, the entire staff at Osborne & Francis Law, for mentoring me through the mediation process with my hip replacement failures. I didn't realize how MUCH pressure they relieved me of by helping me deal with the reality of this traumatic time in my life, as it was OVER so quickly with a positive result. My family is grateful to have their mom HAPPY & FOCUSED on the future, rather than worrying over what happened in the past! FAST FORWARD, we are LIVING LIFE to the fullest once again!”

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Quick and fair resolution to a unique case. On advice of my own attorney, I engaged Joseph Osborne of Osborne & Francis of Boca Raton, FL. Mr. Osborne had considerable experience in cases such as mine and the results showed that. Mr. Osborne and his staff were very helpful, kept me up to date, and listened to my input. The settlement was very fair as far as I am concerned.

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