Peterson & Associates, P.C.

Missouri Medical Device Injury Lawyer

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If you’ve been injured due to a defective or malfunctioning medical device, you may have legal options available to help you get justice. Contact our Missouri personal injury attorneys at Peterson & Associates, P.C., today to get started on your case.

Doctors and medical professionals frequently recommend safe and effective medical devices to help correct medical issues that individuals deal with. When these products cause injuries to patients, these victims have legal options to help them get justice, receive compensation, and move forward.

If you or a loved one has been injured due to a malfunctioning or defective medical device, you should reach out to our Missouri defective medical device lawyers immediately. Our attorneys will investigate your case and help you get justice.

Our Missouri personal injury lawyers at Peterson & Associates, P.C. have decades of experience helping victims and families negatively affected by defective medical devices. Our medical device attorneys can help you pursue a personal injury lawsuit and will help you get justice and collect the compensation you need and deserve. Contact our Missouri law firm today to schedule a free case evaluation at your earliest convenience to get started.

What are Medical Devices?

A medical device is defined by the United States Food and Drug Administration as any apparatus, instrument, machine, implement, implant, contrivance, in vitro reagent, or similar, that fits three basic requirements. These can include non-medication medical devices used to treat medical conditions.

When the devices fail to function correctly due to a defect in their design, manufacturing, or marketing, it can be grounds for a mass tort or class action lawsuit. Victims filing personal injury cases can seek compensation from the responsible party. 

Who is Responsible for Defective Medical Devices?

When patients are harmed due to defective medical devices, they may be able to pursue a legal claim against the responsible party. You must be aware of the potential defendants who can be named in your lawsuit.

Generally, any party that comes in contact with a defective medical device, beginning from the creation process onward to the distribution process, can assume liability if you have suffered injuries and damages. This can include:

  • The manufacturer of the medical devices.
  • The physicians who prescribed the medical device to you.
  • The labs that tested the product.
  • The sales representatives who marketed the product.
  • Any hospitals, clinics, or other facilities that distribute the defective medical devices.
  • Any retailers who sell medical devices that are defective.

Our product liability attorney at Peterson & Associates, P.C., in Missouri, will be able to help you determine who is liable for your resulting damages. We will file a personal injury case against them to ensure you get justice.

Determining If Medical Devices Are Defective

There are several categories that medical devices can fall under. This can include defibrillators, implants, contraceptive devices, surgical mesh, and stents. There are instances where items do not work as intended. This can be due to a defective design or due to being damaged in some other way. 

When a person is injured due to a defective device, they can pursue a product liability claim to recover compensation for lost wages, medical expenses, pain and suffering, and various other losses.

To file a defective medical device claim, it is crucial to determine the type of defect that the product has. Three general defect types impact medical devices. These include:

  • Devices that have manufacturer defects: These defects occur during the manufacturing product. The applicable period for a manufacturing defect claim includes defects that arise between when a product is produced and when you receive it. This can consist of defects that occur during creation, shipment, and at the medical facility responsible for your implant. 
  • Design defects: There are cases when medical devices have flaws in their designs. This can render the product unsafe for use and lead to a product collapsing or failing over time, which can be life-threatening.
  • Defective medical devices that are not marketed correctly: When medical devices are offered for patient use, they must be accurately marked with warnings, intended use, and various other vital directions and use information. When the device is not adequately marked, it can lead to many negative consequences. Inaccurately marketing a product by making misleading or inaccurate claims is also a pursuable offense. 

Dealing with an illness, a worsening injury, or even the loss of a loved one due to a defective medical device can be incredibly challenging. Our lawyers at Peterson & Associates, P.C. can help you take legal action against the responsible party and help you get justice.

Schedule a free consultation at our Missouri law firm today to get started on your case.

Why Do Medical Devices Fail?

There are various reasons why medical devices do not live up to their expectations and fail to perform as intended. Even though there have been several advancements in medical device technology, we continue to see people suffer life-changing consequences when the devices fail to perform.

Many companies that offer medical devices are not equipped with the expertise or knowledge needed to build new devices safely. As a result, we see many deficiencies in technical development that lead to defective medical devices. 

Some common reasons why medical devices fail include:

  • Devices are being reused 
  • Systematic failures within the hospital or medical facility
  • International labeling norm violations
  • Shortcomings in human factor research
  • Human errors result in failure 
  • Subpar manufacturing practices
  • Failing to engage doctors and other medical professionals

Sometimes individuals who’ve been implanted with defective medical devices will be presented with a recall notice. It is important that individuals who are provided a recall notice for a device that they are implanted with consult with their doctor immediately to determine the next steps.

If you or a loved one was injured due to a defective medical device, you must reach out to our personal injury attorneys immediately. Our experienced lawyers have decades of experience helping patients with cases similar to yours, and we will help you get justice. 

Common Types of Defects Reported

Hundreds of devices on the market across the United States have been identified as defective or malfunctioning. These devices range widely in design and use and can impact victims of all ages, genders, and ethnicities. 

Some of the most common types of defective medical devices include:

  • Heart valve implants that rupture or break, requiring immediate surgical intervention.
  • Pacemakers that fail to maintain a proper heart rhythm for patients.
  • Pain pumps and insulin pumps fail to provide the accurate dose and frequency of medication for patients.
  • Defective knee and hip replacement parts.
  • Breast implants and devices compromise the immune system of the recipients.
  • Non-sterilized devices leading to severe and life-threatening infections.

Examples of Defective Medical Device Cases

Any medical device can cause harm to users. However, some defective medical devices are subjected to lawsuits more often than others. Some of the most common medical devices named in mass torts include:

Bair Hugger: This device is used by hospital systems to maintain a patient’s core body temperature during surgery. However, research has found that some of the devices stir up contaminants from the operating floor, causing them to be deposited into the surgical sites of patients. This leads to mass infections that can result in the need for an amputation.

IVC Filter: Inferior vena cava filters are designed to prevent blood clots from reaching the heart and lungs of patients. However, there have been reported cases of IVC filter pieces breaking off and migrating. This can lead to punctures in the veins and vital organs.

Implanon: This implantable birth control is used to help prevent pregnancy in patients for up to four years. Unfortunately, patients who have relied on this medical implant have experienced chest pains, difficulty breathing, severe infections, thrombosis, device migration, and unplanned pregnancies. Some patients have even suffered from ovarian cysts and ectopic pregnancies. 

Power Morcellator: This surgical tool is used to cut more significant chunks of tissue into smaller portions, particularly during laparoscopic surgery. However, this device has been reported to spread can. Lawsuits allege that the medical device manufacturers failed to notify patients of the potential dangers, despite having known about them since the 1990s.

Transvaginal Mesh: This implantable device is used to treat women who suffer from pelvic organ prolapse, urinary incontinence, and other similar medical conditions. However, studies estimate that they have caused hundreds of thousands of injuries to patients. Lawsuits allege that women experience severe complications from the devices.

Stryker Hip Implant: This metal-on-metal hip implant is used in patients who require hip replacements. However, it is reported that patients who are implanted with the device are experiencing complications due to the fact that they fail to function as intended. Patients report expiring loss of mobility, dislocations, inflammation, and even leg length discrepancy.

Depuy Elbow Implant: In 2011, this device was approved through the FDA’s 510(k) process. Instead of requiring the manufacturer to prove that the device was thoroughly tested, they had to demonstrate that the product was “substantially equivalent” in effectiveness and safety compared to other devices on the market. This implanted device is used in patients to ensure they can have joint movement following an elbow replacement. Reports indicate that patients who received these devices suffered severe consequences after the implants failed prematurely. This has led to dislocations, loosening, and other consequences that require revision surgery.

Hernia Mesh: This implant is used to support damaged tissue following hernia surgery and help promote recovery in patients. However, patients have experienced severe complications related to its use. Some hernia mesh implants, like C-Qur mesh and Physiomesh, can cause damage to the abdomen, bowels, and intestines of patients. 

Breast Implant: Several reports have linked the increased risk of anaplastic large cell lymphoma in women who receive breast implants. Several lawsuits have been filed by women who suffered adverse effects from the implants. These include numbness, infections, pain, necrosis, and other complications.

Neurovascular Stents: These are used to treat patients who experience wide-neck, intracranial, and saccular aneurysms. However, stent-assisted coiling has been found to fail in patients, which can lead to fatal ruptures.

Bone Cement: Each year, around one million knee and hip replacement surgeries are performed in the United States. During surgery, medical professionals will use bone cement to secure the implanted devices to the bone. However, it can cause bone cement implantation syndrome. This can result in dangerously low blood pressure, blood clots, cardiac arrest, oxygen deficiency, and even death for patients. 

If you or a family member has suffered severe consequences from these or other medical devices, contact our Missouri medical devices lawyers immediately. Our lawyers can schedule a free case evaluation to discuss your legal issue and help you file a claim against the negligent party. 

How a Missouri Defective Medical Device Attorney Can Help

If you or a loved one has been harmed due to a defective medical device, you may be able to pursue a legal claim against the negligent party. Our legal team at Peterson & Associates, P.C. can help guide you through the claim process and help you get justice.

There are several benefits when hiring a skilled and seasoned legal team to help with your defective medical device case. These include:

  • Our medical device lawyers will investigate to determine whether the device is defective.
  • We will help you recover compensation for your suffering and all resulting damages.
  • We will negotiate with the insurance company on your behalf.
  • We will file a lawsuit against the negligent parties whenever necessary.

It is in your best interest to seek assistance from our knowledgeable Missouri personal injury attorneys immediately. Our outstanding lawyers can get started on your case to help you get justice. Schedule a free case evaluation at your earliest convenience to get started.

Damages Available for Personal Injury Victims

When individuals suffer injuries due to a defective medical device, they may be entitled to compensation to help alleviate some of the damages they face. Having a solid legal team by your side can help you get the money you need from the medical device manufacturers and other responsible parties.

Some of the damages you can seek with the assistance of our Missouri defective medical device attorneys include:

  • Physical pain and suffering
  • Emotional distress
  • Medical bills to cover hospitalization and other immediate care needs
  • Medical bills for long-term care costs, medical equipment, and medical devices
  • Lost wages resulting from taking time off work to recover
  • Lost earnings for victims who are forced out of work permanently
  • Property damage

Our Missouri personal injury attorneys at Peterson & Associates, P.C. have decades of combined experience fighting to protect the legal rights of victims who have suffered adverse effects due to the negligence of others.

Why file a Personal Injury Claim?

If you or your family member has been harmed as a result of using defective medical devices, you deserve to be fairly compensated for any emotional anguish and medical expenses you face. Filing a claim against negligent medical device manufacturers is crucial. Not only will you help to hold them accountable for their actions to help you get the compensation you need, but it can also safeguard other patients in the future.

Filing a personal injury claim against a manufacturer, designer, or another responsible party can hold them accountable. This can set precedence for other patients who may suffer similar consequences due to the defendant’s actions. 

Helping You Focus on Your Recovery

If you or a family member has been injured due to a defective medical device, seeking legal guidance right away is crucial. Our lawyers at Peterson & Associates, P.C. can take your case on a contingency fee basis. This allows you to focus on recovering from your painful injuries without having to worry about whether your legal rights are protected.

Our lawyers will take all of the legal work off your hands and fight to get you justice. We are committed to helping you get the money you need and deserve.

Our Missouri attorneys at Peterson & Associates, P.C. provide a high degree of legal representation for our clients to ensure they can obtain the outcome they expect while handling their complex legal issues. We have gained peer recognition across the state for our professional achievement and are committed to helping each client we represent get justice.

Schedule a free consultation at our Missouri personal injury law firm today so that we can get started on your case. Contact our lawyers by calling (816) 479-4268.

What Our Clients Are Saying

We are proud to establish long standing relationships with our clients and we pride ourselves on offering quality, personalized, confident representation to all of our clients.

Team did a great job resolving my injury case

- Daniel G.

They were instrumental in saving my life.

- Kathy

I’m a witness to how wonderful they are as a law firm.

- Larry

Peterson & Associates, P.C. heard me and made sure I was not taken advantage of.

- Lee

I would definitely recommend Peterson & Associates

- Leesa

They get the job done

- Theresa

Choosing Our Team

Many people that have been injured in car accidents are unsure of where to start with a legal claim. Our team of highly trained lawyers can help to review the details of your crash and guide you through the process. Below, learn more about the attorneys at Peterson & Associates, P.C., their results, and contingency fees.