We live in a complex and technical world in which we expect the medical devices (e.g. hernia mesh) we purchase and use to be designed and manufactured in such a manner that they are safe for our use. We also expect that the sellers and manufacturers of medical devices will give us reasonable warnings of dangerous propensities of their products. Unfortunately, not all designers, manufacturers and sellers of medical devices live up to these expectations and the requirements of our laws with regard to their products. Our mission in pursuing medical device liability cases is to obtain just compensation for our injured clients and to create an economic incentive for those manufacturing companies to produce safe medical devices and provide sufficient warning of the dangers of their medical devices, ultimately resulting in the saving of lives.
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Here are three ways a product may be found to be dangerous:
• A design flaw or defect exists when the product was designed with a defect that makes the entire line dangerous even if the manufacturing and assembly was flawless.
• A manufacturing flaw or defect exists when a safely designed product becomes dangerous because the manufacturer failed to make the product in accordance with the plans and specifications.
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Defected medical devices endanger patients' lives
• Inadequate warnings or instructions are not complete and do not give clear directions for use of the product. In some case, you may not necessarily have to prove that the manufacturer was “negligent”. Product liability claims, often called “strict product liability” can be established if you are able to prove three things:
1. The product was defective,
2. The defect existed prior to the manufacturer releasing the product,
3. The defect caused your damages.
If you have suffered injuries due to a defective product you may be able to file a claim
against the manufacturer to recover damages.