What Types of Defects Are Associated with Product Liability?
When defective products and medical devices cause damage, the consequences can be life-altering. There are three different ways a medical device or drug can be faulty:
Design defects: A design defect exists when a medical device or drug is flawed at the design or blueprint level. The design makes the item inherently hazardous for the consumer. Even if the item was made from the best materials, the design defect makes the item dangerous to anyone who uses it.
An example of a design defect in a medical device may be a heart pump that short circuits and fails, causing significant internal burn damage.
Manufacturing defects: If the product’s design is sound, the problem may be on the manufacturing side. A manufacturing defect involves the fault in how the product was made, either by substandard materials or by not following the specific design.
A common example of a manufacturing defect in medical products is when a drug is made with the wrong ingredients and causes adverse reactions.
Marketing defects: A marketing defect occurs when a medical product or device is improperly labeled. Medical devices and products must have clear instructions for use. Following FDA approval, the manufacturers of a medical product or device must warn doctors, hospitals, and patients of the risks. Manufacturers are also responsible for continuous updates to any new risks or health hazard information.
An example of a marketing defect in a medical product would be if the manufacturers of a knee replacement part failed to warn doctors and patients about any hidden dangers.
Defective medical products can cause catastrophic and debilitating injuries. Injured victims can suffer temporary or permanent damage. In some cases, defective products and medical devices can cause fatal complications.
If you have lost a loved one due to a defective medical product, you have our deepest condolences. At the Osborne and Francis Law Firm PLLC, we understand no amount of compensation can ease the loss of your loved one.
Our compassionate and sensitive team of wrongful death attorneys can assist you in holding the responsible parties accountable for the tragedy your family has suffered. Seeking justice in civil court may provide answers to your questions and the closure you need to move one. Any monetary compensation may help with some of the unforeseen expenses after the death of a loved one.
Call our wrongful death attorneys for a free consultation. We will be there to help you through this difficult time.
Are Defective Products & Medical Devices Injuries Increasing?
The market for medical products has grown considerably over the last ten years. However, defective medical products and devices have led to an overwhelming increase in injuries and deaths. According to multiple sources:
With data taken from the U.S. Food and Drug Administration (FDA) over the last ten years, an injury report was compiled that analyzed defective medical devices. Out of 1.7 million injuries, the most common defective medical products involve:
- Surgical mesh caused 60,795 injuries
- Hip prosthesis accounted for 103,104 injuries
- Spinal stimulators caused 78,172 injuries
- Defibrillators resulted in 59,457 injuries
- Insulin pump implants accounted for 60,561 injuries
- Insulin pumps with sensors caused 94,826 injuries
Despite the number of injuries, only an estimated 4,500 defective devices and drugs are recalled each year.
Our personal injury attorneys have represented numerous clients that have experienced a wide range of complications from several types of medical devices. We will work hard tirelessly to help you restore your quality of life.
Notable Verdicts & Settlements
Joe Osborne Secures $2 Million For Plaintiff in Zimmer Kinectiv Hip Implant Trial
Joe Osborne and co-counsel secured what is believed to be the first verdict in the country for the Kinectiv Technology hip implant manufactured by Zimmer.
The court found that Zimmer did not fully or adequately test the configuration of the new modular design. The court further found that “the unreasonable risk of metallosis, whether from corrosion, micro-motion, fretting or some other mechanism, makes the MLTK with a metal CoCr head a defective product.”
Joe Osborne Helps Secure Settlement for Hundreds of Patients Affected by Stryker’s Recalled V40 Hip Implant
Osborne & Francis Founding Partner Joe Osborne was a member of the executive committee that successfully settled a group of lawsuits against the medical technology company Stryker in 2018.
The settlement was made possible by Osborne’s work with the executive committee that sought to consolidate the multidistrict litigation against Stryker into a single district. The suits were consolidated and paved the way for the November 2018 settlement that compensated “hundreds and hundreds” of patients who received the defective Stryker hip.
Joe Osborne Secures $26.7M Verdict For Multi-Plaintiff Injuries From Defective Boston Scientific Pinnacle Mesh Device
JoeOsborne was part of a trial team that secured the first federal court verdict in the country against Boston Scientific involving injuries from the Pinnacle mesh device. Jurors awarded Osborne’s client more than $6.7 million. Boston Scientific Corp. was ordered to pay $26.7 million to the group of women who claimed injuries from the company’s vaginal inserts.