Defective Medical Devices

There are many products in our stream of commerce that ultimately prove to be defective or unreasonably dangerous. While this may not be surprising, given the number of products with which the average citizen comes into contact on a daily basis, it is distressing how many of these products are defective medical devices or other products designed to assist patients. If you or a person close to you has been hurt by a faulty medical device, the Lafayette products liability lawyers at Broussard, David & Moroux can help you investigate the product and the resulting injuries, determine against whom liability may lie, and take the appropriate steps toward seeking compensation.

There are several potential theories of liability in a products liability lawsuit arising from a defective medical device. Depending upon the nature and cause of the patient’s injuries, these theories may include design defects, manufacturing defects, failures to warn, or more. In design defect cases, there must be proof that the product in question was designed in such a manner as to render it inherently dangerous. By contrast, a manufacturing defect claim asserts that the particular product that hurt the plaintiff (but not necessarily similar products made by the same company) was problematic because of a manufacturing error. In other words, the product may have been designed to be safe, but something happened during the manufacturing process that rendered it defective. Finally, a plaintiff may be able to assert a products liability claim based on a failure to warn if the reason that the product proved to be unsafe was because the manufacturer, distributor, or seller did not include an adequate warning of the possible dangers to the consumer.

In recent years, there has been much litigation involving allegedly defective medical devices, ranging from hip replacements to transvaginal mesh implants to birth control devices. The patients who used these devices suffered much harm, yet the manufacturers reaped millions of dollars in profits. There is something seriously wrong with this situation. People who have been hurt by defective medical devices have a duty not only to themselves but also to other patients to stand up against the pharmaceutical industry in these types of cases.

A plaintiff who is able to make out a case of negligence, strict product liability, or breach of contract against a defendant or group of defendants may be able to recover compensation for medical expenses, lost wages, pain and suffering, and other harm caused by the defective product. Their spouse may also be able to assert a loss of consortium claim because of harm to the marital relationship resulting from the plaintiff’s injuries. In cases in which a patient died due to complications associated with a defective medical device, their family may be able to file a wrongful death lawsuit seeking compensation for funeral and burial costs, as well as other damages arising from the loss of their loved one.

Medical devices are supposed to help a patient, not make them suffer further harm. Fortunately, a person injured by a medical device has legal options to consider. The knowledgeable Lafayette products liability attorneys at Broussard, David & Moroux are here to help if you have been hurt by a health care product and are wondering whether you may have a case. We assist injured people and their families throughout Lafayette, Orleans, East Baton Rouge, Iberia, St. Landry, Calcasieu, and Rapides Parishes, including in the cities of Lafayette, New Orleans, Baton Rouge, New Iberia, Eunice, Lake Charles, and Alexandria. Call us at 888-337-2323 or contact us online to schedule a free, confidential case evaluation with an injury attorney.