You trusted your doctor to recommend a safe and effective medical device that would improve your quality of life. Together, you reviewed the potential benefits and risks of the device and—based on the information that you had—you made an informed decision to use the medical device.
What you and your doctor did not know about—and couldn’t have known about—were the dangerous defects that were undisclosed by the pharmaceutical company and not yet known by the Food and Drug Administration (FDA).
What Medical Devices Are We Talking About?
New medical devices are routinely being approved by the FDA and entering the marketplace. Any device that has a design, manufacturing, or marketing defect that results in an injury may be dangerous. Some examples of medical devices with reported injuries include:
- Hernia mesh. Mesh is sometimes used in the hernia repair surgeries. Unfortunately, some of the mesh that has been used to fix abdominal hernias has failed at a faster rate than other mesh products. This has led to significant pain, dangerous complications, and the need for further surgery for some people.
- IVC filters. IVC filters are metal cages that are inserted in the inferior vena cava (IVC) to prevent blood clots that develop in the legs from reaching the lungs. While IVC filters have been around for decades, some IVC filters have higher failure rates than others and may result in dangerous complications. This includes the perforation of the vein or migration of the filter to other parts of the body.
- Essure. Essure is a form of permanent birth control. More specifically, it is a set of metal coils that are implanted in the fallopian tubes and that are designed to cause scarring that seals off the fallopian tubes. Significant side effects including pain, unplanned pregnancies, and bleeding have occurred.
- Hip replacements. Certain hip replacement devices, such as certain models of Stryker and DePuy metal-on-metal hip replacements, have resulted in serious complications. This includes premature failure and metal poisoning.
- Knee replacements. Some metal-on-metal knee replacements have resulted in similar injuries to metal-on-metal hip replacements. Other non-metal on metal knee replacement devices have also resulted in early failures and dangerous loosening.
These are not, however, the only types of defective medical device cases that we handle. This list is continuously expanding. If you have been hurt by a defective medical device, then chances are that you are not alone. Chances are that someone else in Massachusetts, New Hampshire, or Rhode Island has also suffered a similar injury from the same kind of medical device, and together you may be able to pursue a mass tort claim to protect your fair recovery.
Be Prepared to Take Action Against a Pharmaceutical Company
The pharmaceutical companies that make medical devices, such as the ones described above, are big and they are powerful. However, they are not above the law. Instead, pharmaceutical companies have a legal obligation to design and manufacture reasonably safe medical devices. They have a legal responsibility to market these devices with full disclosure of the risks that are known, or should be known, through proper product development and testing.
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A Defective Medical Device Mass Tort Action May Bring You the Recovery You Deserve
It can be very difficult to fight a pharmaceutical company on your own. However, you may be able to join forces with other people who have suffered similar injuries from the same product. Together, you can file a mass tort action against the pharmaceutical company.
As a plaintiff in a mass tort lawsuit, you will be treated as an individual plaintiff and you will get the unique recovery that you deserve based on your specific injuries. While you maintain this benefit of an individual recovery, you will benefit from the efficiency and combined resources that a mass tort action allows. More specifically, you and the other plaintiffs who have been similarly injured can join together for a combined investigation into the product’s defects and pool resources to fight the well-funded pharmaceutical company.
A mass tort lawyer can help you find others who have suffered similar injuries from the medical device and help you make important legal decisions. Our first goal is to make sure that you have accurate and complete information about your legal rights. Our next goal is to get you the full and fair recovery that you deserve. Call us today and schedule a free, no-obligation consultation to discuss your potential claim.