Medical advances in the last several decades have enabled people to live longer, healthier lives. Surgical tools and other medical devices have made it possible for many medical procedures to become less invasive, less risky, and require less recovery time. Unfortunately, defects in the way medical devices are designed or manufactured can make the products dangerous or even life-threatening to patients. If you were harmed by a faulty medical device, the fault may not lie with the medical facility or doctor who used the device. The fault may instead lie with the device designer, manufacturer, or seller.

Understanding the Difference Between Product Liability and Medical Malpractice

If a medical procedure or medical device caused you injury, you might assume that the injury falls under the umbrella of medical malpractice. However, a medical malpractice claim is appropriate when a medical professional or medical facility makes errors that cause injury to a patient. If a defect or flaw with the medical device itself was the cause of your injury, the issue may fall under product liability laws. 

Defective medical devices may cause pain, discomfort, or infection. Implanted devices may migrate from their original location, disintegrate, or stop working as intended. Often, product liability claims involve medical devices that have been recalled by the Federal Drug Administration because they have been found to present an unreasonable risk of harm to patients.

Guardrails are barriers that are placed along the edge of highways and other high-traffic roads. The purpose of guardrail is to minimize the damage caused by a vehicle leaving the driving lane. They may be used to divide lanes of traffic traveling in opposite directions, prevent vehicles from crashing into man-made structures such as buildings, and stop vehicles from rolling down steep hills. Although guardrails may look simple, their design and construction is the result of extensive research and innovation.

An important element of guardrails is that theys must be designed in such a way that they minimize the damage done to vehicles during a collision. Unfortunately, some guardrails actually do more harm than good. When a defective guardrail causes a person to be injured or killed, a lawsuit may help the injured person or the deceased person’s family to recover compensation.

Personal Injury Lawsuits Involving Defective Guardrails

A guardrail should be designed and manufactured in a way that prevents additional vehicle damage or personal injury during a collision. If a guardrail does not accomplish this goal, the guardrail may be considered defective.

Insulin pumps are important devices that can make a world of a difference to suffers of diabetes. An insulin pump delivers insulin to the body at regular intervals based on the user’s needs. Many people find insulin pumps to be much easier to use and less painful than traditional insulin shots. Insulin pumps are often considered superior to other insulin delivery methods because the devices more effectively manage blood sugar levels and prevent blood sugar lows. Unfortunately, some insulin pumps do the exact opposite of what they are intended to do. A company called Medtronic recently issued a recall of two types of its insulin pumps after major problems with the medical devices were discovered.

Malfunctioning Insulin Pumps Have Already Been Linked to Death

Over 300,000 Medtronic insulin pumps have been recalled after the FDA received thousands of reports of the devices malfunctioning.  Two models of the MiniMed 600 Series Insulin Pumps have been recalled because many of the devices contain a broken or missing retainer ring. The retainer ring is meant to tightly secure the insulin cartridge to the pump. When this component is defective, the user can receive an inaccurate dose of insulin. This can result in dangerous hypoglycemia or hyperglycemia. Sadly, at least one death and over 2,000 injuries have already been associated with the defective insulin pumps.

Liability for Defective Medical Devices

Designers and manufacturers of medical devices have an incredibly serious responsibility to ensure the safety and efficacy of their products. People who use medical devices like insulin pumps trust that these devices will work the way they are intended to work. In many cases, medical device users trust these companies with their lives. When a medical device company fails to uphold its duty to ensure products are safe, the company may be legally responsible for any injuries or death that are caused by a faulty device. If you have been injured or your loved one was killed after a medical device malfunctioned, you may have a valid product liability claim. You may be eligible for compensation for your pain and suffering, medical expenses, missed work, and more.

When a drug that has been prescribed for you is recalled, it can be a very frightening experience. One day, you are taking the drug as normal, completely unaware of any problems, and suddenly, headlines are decrying the dangers associated with the medication. Should you stop taking your medication? Should you call 911? In the resulting confusion, it can be challenging to know just what to do, but it is important not to make any health-related decisions without first speaking to a doctor or medical professional.

Educate Yourself

The U.S. Food and Drug Administration (FDA) handles all drug recalls in the United States. This includes voluntary recalls originating with the drug manufacturer. If a drug has been recalled, the FDA—along with a number of other reputable sources—will almost always provide information online regarding the reasons and potential dangers associated with the recall. In many cases, the potential for problems only exists for a small subset of all patients currently taking the drug. For example, a particular drug may present a previously unknown danger to patients who have a specific, seemingly unrelated coexisting condition.

Contact Your Pharmacist

A well-trained pharmacist can be an extremely valuable source of information related to prescription drugs. While he or she may not go into specifics regarding the experiences of other patients, he or she can advise you on possible alternatives to the recalled drug. It is very possible that only a particular production lot of the drug was recalled, and your pharmacist may be able to simply replace your current prescription with a non-recalled version. 

The U.S. Consumer Product Safety Commission (CPSC) is the government agency responsible for ensuring that the products Americans use everyday are not unreasonably dangerous. When it comes to infant and child products, the need for strict safety guidelines and regulations is especially great. Millions of child and baby products are recalled every year after evidence is discovered that the products carry a defect which increases the risk of injury or death. Recently, the American Academy of Pediatrics requested that the CPSC issue a recall for the popular Fisher-Price Rock ‘n Play Sleeper after the sleeper was linked to several infant deaths.

American Academy of Pediatrics Says Inclined Sleeper is Deadly

There has long been debate regarding the safest way for infants to sleep. Fears about Sudden Infant Death Syndrome (SIDS) and other fatal conditions can cause new parents to be nervous about how they lay their child down for sleep. Although we generally assume that the baby products sold in retail stores are safe for our children, the sad case is that some products do carry risks. More than 30 infants have died while sleeping in Rock ‘n Play sleepers since the product was introduced in 2009. Frighteningly, new evidence shows that a great deal of these recalled sleepers are still being used in homes and daycares across the country.

Child Care Providers May Be Using Unsafe Products

The American Academy of Pediatrics formally recommends that babies should be placed on a flat surface that is free of blankets and other items when they sleep. The recalled sleepers place infants in an inclined position which some believe is the cause of the fatalities. One parent was shocked to discover that one the sleepers linked to infant death was being used in his own son’s daycare. The Philadelphia father is a consumer watchdog for the U.S. Public Interest Research Group, so he recognized the recalled sleeper right away. Research suggests that approximately one out of ten daycares are still using the dangerous sleeper. Child care organizations which use unsafe products or otherwise put children and babies at risk can be held legally responsible for any injuries or deaths caused by their negligence.