Steps to Take if Your Medical Device is Defective and Causing You Harm

By Osborne & Francis
October 25, 2023

Millions of Americans depend on medical devices, such as CPAP breathing machines, pacemakers, and hip replacement implants to live and maintain a higher quality of life. Unfortunately, the makers of these medical devices are not always as diligent as they should be when designing, testing, manufacturing, and distributing these products as they should be. As a result, medical device users may be unwittingly exposed to harmful byproducts, injured when the device malfunctions, or fail to receive the benefits of the devices due to a defect.

At Osborne & Francis, we recognize that the personal injury claims process can seem intimidating, especially when you are simultaneously trying to deal with the repercussions of your medical device injuries. You can trust our defective medical device lawyers to dedicate ourselves to maximizing your compensation. Our team is available to schedule a free consultation with one of our personal injury attorneys when you call us at (561) 678-0156 or contact our offices in Boca Raton or Orlando.

Document Your Symptoms and Don’t Throw Away the Defective Device

The foundation of any successful personal injury claim is documented evidence. It is in your best interest to keep a record of anything related to your defective device. Write notes about the symptoms you experience and date them, take pictures of any perceived defects on the device, and do not dispose of the device. You should also hold on to any other paperwork related to the device, such as a receipt showing when you bought it or maintenance instructions, in order to provide this information in a defective medical device lawsuit.

Seek Help From a Medical Provider for Your Injuries

If you suspect that your medical device is not functioning properly and depriving you of its purported benefits, or actively causing you harm, don’t delay in seeking medical attention. Medical intervention is typically most effective the sooner it is applied, so seeking prompt medical attention gives you the best chance at a favorable prognosis. This also creates a record of treatment and injuries. Medical records are often a key piece of evidence used to demonstrate that the injured party took steps to mitigate their damages, which helps protect their potential settlement.

Check to See if the Device Has Been Recalled and Consider Reporting it to the FDA

The Food and Drug Administration is tasked with “assuring the safety and efficacy of…medical devices”. Part of this responsibility includes issuing recalls of defective devices when there is evidence to support that they are harming users. If you believe that your medical device is ineffective or actively harmful, you should consult the FDA’s website to see if other users have had a similar experience, as that can help add legitimacy to your claim. Also, one of the ways that they learn about harmful defects in medical products, such as the harmful foam in CPAP machines, is by consumers reporting their injuries, so alerting them to a potential defect can be helpful for others as well.

Contact a Defective Medical Device Lawyer to File a Claim

Medical device lawsuits have the potential to become mass tort claims if an issue like a design flaw has harmed numerous users. That means that you may face staunch opposition from the maker of the defective product. Essentially, they are motivated to protect the reputation of their product and company, and admitting liability in a claim dealing with hundreds or thousands of injured plaintiffs could compromise both. They are also motivated to safeguard their profits, so they are less likely to offer a reasonable settlement from the outset. That’s why you need a formidable medical device attorney to represent your interests. You can identify a qualified personal injury attorney by looking at their client reviews, their case results, and evaluating them in a free consultation.

Follow Medical Advice and Keep Up With Your Appointments

In the meantime, it is important to abide by your healthcare provider’s directions and follow FDA guidance about the device. If you have treatments scheduled, such as physical therapy after a metal-on-metal hip replacement injury, or medications prescribed, continue those treatments. This demonstrates that you are making an effort to avoid worsening your injuries, which is crucial to protecting the integrity of your claim. Otherwise, a defendant could potentially argue that you chose to forgo treatment to make your injuries look worse and extract a higher settlement payout.

Why Should I Choose Osborne & Francis to Represent Me?

The personal injury attorneys of Osborne & Francis specialize in defective medical devices claims. Our team of knowledgeable, strategic, and diligent medical device attorneys will meticulously document how the manufacturer’s negligence has impacted your life and work tirelessly to maximize your compensation for your damages, as we have done for countless other clients.

Our aggressive approach to negotiating our client’s claims has yielded outstanding results, including a 2 million dollar verdict for a plaintiff who had been injured by a defective hip replacement implant. If you are in need of a tenacious advocate, the medical device lawyers of Osborne & Francis are up to the task of securing a fair settlement for you.

The Defective Medical Device Attorneys of Osborne & Francis Will Fight for You

At Osborne & Francis, our team of defective medical device attorneys have honed their negotiating skills, making us one of the leading personal injury law firms in Florida. Our team understands that when a medical device fails, it can have long term consequences for your physical and emotional health, as well as your family finances. With our team by your side, you can rest assured that your claim will receive the attention it deserves. 

As personal injury attorneys, we are set apart in that we have significant litigating claims in court. That means that if the defendant is unwilling to offer you a reasonable settlement for your damages in a medical device lawsuit, our team is capable of escalating your claim to trial to get you the compensation you deserve.

We believe that the makers of defective medical devices deserve to be held responsible for your injuries and damages. Our team can provide invaluable legal insight to ensure that you secure a settlement that is reflective of the damages you have sustained. We encourage you to reach out to our team at (561) 678-0156 or contact our offices in Boca Raton or Orlando.

Erica F.

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"Best personal injury attorney around, I could not be happier! I was seriously injured in a car accident and Osborne and Francis helped me through the entire process. I was blown away by how knowledgeable the staff and attorneys are at this incredible law firm. I would not hesitate to recommend this law firm to friends and family!"


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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.

E. Holland

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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!

C. Smith

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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!”

J. Davis

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“I couldn’t have asked for a better lawyer/ firm — everything was done professionally exactly how I wanted. Due to COVID my personal attorney Mr. Garcia was still able to make things work in a timely manner and he never made me feel like he wasn’t working. Overall I’m happy with how my case turned out and I would recommend him and this law firm to anyone. 100% satisfied.”

T. Andrews

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“Attorneys Greg Francis and Ryan Fletcher at Osborne & Francis Law Firm represented me in my personal injury case.The defendant drew a line in the sand and was adamant on a settlement amount I was almost willing to accept. After the dust settled and the smoke cleared, we settled for 3 times that amount!!! When they say ‘Real Tough Lawyers,’ they mean it.”

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