Medical Products Liability

Medical Products Liability

Legally Reviewed By
Joseph Osborne

What is Medical Products Liability?

Personalized representation and staunch advocacy have been our trademark from the beginning.

Defective medical products cases are inherently emotional and often involve significant injuries and losses. At Osborne & Francis Law Firm PLLC, our primary goal is to provide the highest level of legal guidance while providing personalized representation and open communication. We accept all medical device liability cases and have successfully tackled the most challenging cases involving the largest manufacturers.

If you or a loved one have suffered injuries due to a harmful medical product, contact the Osborne and Francis Law Firm PLLC today. Our defective medical products lawyers will fight to recover the compensation you deserve.

Schedule a free consultation to discuss the details of your claim by clicking here or calling (561) 293-26006.

Do I Need a Medical Product Liability Lawyer?

Medical device liability is a complicated area of the law that requires an enhanced understanding of medical procedures and significant experience with defective products and medical devices.

Our mass torts attorneys have successfully litigated complex cases against some of the largest medical device and pharmaceutical companies. Recently, two of our attorneys have been part of a transvaginal mesh lawsuit that resulted in a $26.7 million verdict for the plaintiffs.

Transvaginal mesh is used to treat Pelvic Organ Prolapse (POP) and Stress Urinary Incontinence (SUI). They are made by the manufacturers Boston Scientific, Ethicon, Inc. (Johnson & Johnson), American Medical Systems, Coloplast Corp., and C.R. Bard, Inc.

Other popular defective medical product claims include:

  • Inferior Vena Cava (IVC) filters: A cone-shaped device implanted in the inferior vena cava just below the kidneys that is designed to catch blood clots that break off from a leg vein before they travel to the heart or lungs
  • Hip products: Hip replacement devices from manufacturers such as Stryker Orthopedics, DePuy Orthopedics, Biomet Inc., Smith & Nephew, Zimmer Holdings, Inc., and Wright Medical

At the Osborne and Francis Law Firm PLLC, our defective medical products lawyers are here to help you understand your options and achieve a favorable resolution.

Contact our team of personal injury attorneys that will uphold your rights against powerful medical device companies.

Video Transcript

So you've been in a car accident. What happens next? There are many things that you should do but here are the three most important:

Number One: See a doctor immediately. 

A broken bone is easy to see, but some injuries are not. The most common injuries from car accidents happen in the neck, back, or head. The only way to diagnose and treat them is by seeing a doctor. A doctor can help ease the pain, provide medication, reassure you of how your injury may impact your daily life, and tell you what not to do to make it worse.

A visit to the doctor can also give you legally protected time off to recover and rest your body after an accident, and it documents and provides the evidence you may need for your case. Even a five-mile-per-hour car accident can cause a serious injury. So whether you've had a severe accident or a minor collision, see a doctor. And if you don't have medical insurance, let us know and we'll make sure that you receive the proper care. 

Number Two: Write everything down.

Even if it seems small, during times of stress or injury it is common to forget the little details. Make sure you keep note of the pain that you're in. With neck, back, and head injuries, sometimes simple activities such as walking up the stairs or picking up a toddler may cause severe pain. 

You may not be sleeping well at night. Documenting how much you sleep and how often you wake up due to pain is also very important. And lastly, if you have any cuts or bruises, take daily photos as you heal. This will provide visual evidence of the injuries that you've suffered. 

Number Three: Do not speak to an insurance company until you've spoken to a lawyer.

Please understand that the insurance adjuster works for a billion-dollar corporation and not for you. Their interests are solely for their insurance company, and their goal is to provide you with the least amount of financial settlement as quickly as possible. When you do speak with them, remember they will record the conversation. Why do they do this? Because they've been trained to ask questions that may confuse you. So talk to us before you talk to them. 

So remember: See a doctor, document everything, and call us before calling the insurance company for your free private consultation. We are here for you. Real tough lawyers fighting real tough issues.

What Damages Are Available in a Medical Products Liability Lawsuit?

The adverse effects of defective products and medical devices may take days, months, or years to show symptoms. It is crucial to your product liability claim to consult an experienced medical product liability lawyer. At the Osborne and Francis Law Firm PLLC, we have a long track record of successfully recovering damages for victims injured by defective products, including:

  • Full compensation for medical expenses related to the injury
  • Lost wages if you cannot work
  • Loss of future income
  • Pain and suffering damages
  • Loss of enjoyment of life damages

Consult our dedicated legal team today to determine your recoverable damages.

What Are Some Common Defective Medical Products and Medical Devices?

A defective medical product is a generalized term for various devices, drugs, and biological products that can cause harm or adverse reactions. If you or a loved one have suffered injuries related to a defective product or medical device, contact a product liability lawyer today.

It would be impossible to list every defective medical product. However, the following are the most common products to be recalled or cause damage:

  • Pacemakers
  • Stents
  • IUDs
  • IVC Filters
  • Breast Implants
  • Hip Replacements
  • Knee Replacements
  • Kidney Dialysis Filters
  • Defibrillators
  • MRI Machines
  • Intravenous lines
  • Spinal-cord Stimulators
  • Surgucal Mesh
  • Contact Lenses
  • Breast Pumps
  • Transvaginal Mesh
  • Insulin Pump Implant
  • Prescription Drugs, including Zantac, Oxycontin, and Accutane

What Injuries Are Typically Associated with Defective Medical Products?

Defective medical products can cause extensive bodily damage. Defective implantable medical devices can leave internal burns when they short circuit and cause life-threatening sepsis or infection. Many implantable devices are associated with a high risk of bacterial and fungal infections.

Medications can be considered defective when the harmful side effects outweigh the potential benefits or if the drug was manufactured improperly, causing serious adverse reactions.

Some of the most common injuries associated with defective products and medical devices are:

  • Nervous system damage
  • Tissue or bone damage
  • Infections
  • Cardiovascular damage
  • Permanent disability
  • Allergic reactions
  • Severe strokes
  • Bleeding on the brain
  • Organ damage
  • Medication error resulting from faulty IV lines administering the wrong dosage
  • Chronic pain

If you or a loved one have experienced any of the above symptoms, contact a medical products liability lawyer today.

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.

contact our office to speak to a lawyer.

do you still have questions?


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.

How long do I have to file a medical products liability lawsuit?

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!”


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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.

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.”

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!"

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!

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Why Contact Our Defective Medical Products Lawyers?

The Osborne and Francis Law Firm PLLC is an award-winning personal injury firm that represents victims throughout the U.S. Our defective medical products lawyers provide the close, personal service clients deserve.

Since 2015, we have advocated aggressively for injury victims. Our product liability lawyers understand that everyday citizens may not have the knowledge or resources to go up against large entities. However, we have the skills, experience, and integrity to fight on behalf of our clients’ best interests and recover their full compensation.

If you or a loved one have been harmed by a defective product or medical device, call the Osborne and Francis Law Firm PLLC. We are standing by to guide you through this difficult time.

To schedule a free consultation, click here or call (561) 293-2600. We also take cases nationally and serve central Florida of our office in Orlando.

Frequently Asked Questions

How long do I have to file a medical products liability lawsuit?

In Florida, injured parties have four years to file a medical products liability lawsuit. The statute of limitations begins from the date of your injuries, so it is imperative that you speak to a medical products liability lawyer as soon as possible. In some cases, an experienced attorney may be able to argue for an extension.

How long does a medical products liability lawsuit take?

A products liability lawsuit can take one to two months or two to three years. Every claim is unique, and the length of a case depends on many different factors. It is best to speak to a knowledgeable medical products liability attorney to discuss the particulars of your case and how similar cases have progressed.

What is a medical product recall?

A medical product recall is when a manufacturer takes a removal action to address a defect or issue with a medical device. In accordance with FDA law, if a medical product violates laws administered by the Food and Drug Administration (FDA), the manufacturers and distributors may voluntarily recall the device or be ordered to do so. The FDA is responsible for ensuring the safety and security of medical devices, human drugs, and many other products that affect public health.

What do medical product liability lawyers do?

Medical product liability lawyers recover compensation for victims who have been harmed by dangerous medical products by holding the responsible parties accountable in civil court. Liable parties may involve manufacturers, retailers, or suppliers. A medical product liability lawyer can investigate the details of your case and seek damages a victim deserves for their injuries.

If you or a loved one have suffered injuries due to a defective or dangerous medical product, contact the medical product liability lawyers of the Osborne and Francis Law Firm PLLC today by clicking here or calling (561) 293-2600.