Modern medicine has enabled people to lead longer, healthier lives. Unfortunately, when a medical device is faulty or malfunctions in some way, the results can be catastrophic. Defective medical devices can lead to new and exacerbated medical problems, and in some cases, even patient death. If you were harmed or a loved one was killed because of a faulty medical device, it is important to know your legal options.

Medical Products with Manufacturing or Design Defects  

When a person is harmed because of a flawed medical product or medical device, the individual may have a right to damages through a product liability lawsuit. Unlike a medical malpractice lawsuit, which is brought against a medical professional for negligent medical care, a product liability case is brought against a product manufacturer or designer. Medical products that are commonly the subject of product liability lawsuits include:

• Pacemakers
• Defibrillators
• Hip and knee replacements
• Dialysis filters
• Transvaginal mesh
• Hernia mesh
• Birth control devices
• Drug-coated stents
• Inferior vena cava (IVC) blood clot filters
• Robotic surgery devices

What You Must Prove to Bring a Successful Lawsuit

When a product designer or manufacturer makes a mistake that causes a patient harm, that company should be held accountable. If you were injured by a defective medical device or product, you may be able to sue the company for damages. You will need to prove that:

To win a product liability lawsuit, you have to prove that the product caused a significant injury and financial loss. When someone is instantly injured by a defective product, as when a child is poisoned by a product with unsafe packaging, it is easy to see the causal connection between the product and the injury. However, when someone is exposed to a product over a long period of time and alleges that the product gave them cancer, the causal connection is much harder to prove. So, how do you prove causation and win compensation for a personal injury when the damage caused by a dangerous product happened over a long period of time? 

Proving Causation in a Long-Term Exposure Lawsuit

Government warnings based on scientific research. Years of research are typically required to prove how a particular chemical affects the human body. Government agencies often fund this research and issue associated warnings and regulations, including the Agency for Toxic Substances and Disease Registry (ATSDR), the Centers for Disease Control and Prevention (CDC), the Environmental Protection Agency (EPA), and the Occupational Safety & Health Administration (OSHA).

For example, the EPA classifies benzene, a compound found in petroleum, as a “known human carcinogen” that affects the bone marrow; this classification makes it relatively easy to show causation between exposure to benzene and blood-based cancers such as leukemia and non-Hodgkin’s lymphoma. When the International Agency for Research on Cancer (IARC) classified glyphosate as “probably carcinogenic to humans,” it opened the door for litigation against the maker of Roundup weedkiller, which contains glyphosate.

You have probably seen a warning label on at least one product in your house, from laundry detergent pods to hair dryers. But do you know why that warning label is there? One reason is to prevent you from winning a product liability lawsuit against the manufacturer. 

Product liability lawsuits are different from other personal injury lawsuits in one important way. In most personal injury cases, you must show that you suffered injury due to another party’s negligence, meaning that they failed to act with reasonable caution. In a product liability case, however, you do not have to show negligence. You only have to show that you suffered injury because a defect in the product made it dangerous or unfit for its intended use. You can argue your case based on one of three types of defects:

• A defect in design
• A defect in manufacturing
• Inadequate instructions and warnings on the product

In order to win a product liability case, you must show that:

Have you ever wondered who is accountable for making sure the products we use every day are safe to be used? The answer can vary depending on the specific product in question, but one independent federal regulatory agency is at the center of product safety in the United States. The Consumer Product Safety Commission (CPSC) is a government organization that examines products for safety and removes unsafe products through recalls. The agency controls over 15,000 products including children’s toys and furniture, household appliances, power tools, and even fireworks. Throughout the years, the CPSC has had to wield its power through recalls in order to keep consumers like you and me safe. The National Highway Traffic Safety Administration (NHTSA) is similar to the CPSC and regulates motor vehicle safety.

General Motors Issues Huge Recall Due to Dangerous Defect

Product recalls are generally voluntary, meaning that the company in question is asked—but not required—to remove products from shelves to address dangerous problems. In February of 2014, General Motors made international headlines when it was exposed that some GM vehicles had faulty ignition switches. Terrifyingly, the malfunctioning switches could deactivate the engine, power steering, brakes, and airbag-inflation mechanisms while the vehicles were being driven. At least 31 car accidents have been directly linked to these faulty ignition switches, and 13 individuals lost their lives in incidents involving the defective vehicles. Families of those injured and killed have brought several lawsuits against General Motors. Data shows that the automotive industry accounts for over 70 percent of the value of all recall-related insurance losses in any given year.

In what the NHTSA has called "the largest and most complex safety recall in U.S. history," approximately 46 million vehicles equipped with Takata airbags have been recalled. The airbags were found to have chemical defects that can cause them to explode and spray metal shrapnel onto passengers. The propellant in the air bags was found to break down when exposed to high temperatures and humidity. This causes the propellant to burn too quickly and results in increased pressure in the inflator, which can cause the inflator to explode.

Dangerous Products

The faulty airbags have injured nearly 200 people and killed 19. Takata airbags are in cars made by 19 different manufacturers. Some automakers, such as Tesla, Honda and Subaru, have been vigilant about getting news of the recall out to the public. They have contacted consumers by putting ads on social media and sending representatives door-to-door. Unfortunately, other automakers are not being as aggressive with their outreach. Of course, letting people know about the recall is only half the battle. It is sometimes difficult to get people to respond to recalls such as this because they do not think the problem is a big enough concern to actually take the car in to be fixed. The NHTSA and vehicle manufacturers are urging the public to get their defective airbags fixed as soon as possible. The repair is free for consumers.