New medical devices hit the market every day, often performing medical miracles. But when something goes wrong, when you are the victim of a defective medical device, the result can be serious injury or death. Medical device errors come in a variety of forms. Sometimes there is a defect in manufacturing, or poor quality control during manufacture. A medical device can have a defective design. Or perhaps the warnings or instructions issued with the medical device were in error or simply insufficient.
Personal injuries have resulted from the use of virtually every type of medical device, including: defibrillators, heart stents, pacemakers, implants, prosthetics, inhalers, feeding tubes, catheters, contraceptive devices, dialysis machines – even the smallest screw used in orthopaedic procedures. Sometimes a product has been on the market, or in your body, for a long time before the injuries are discovered. Or it may short circuit or break down in time due to a defect.
Medical device personal injuries are often caused by products you may not think of as a medical ‘device’ – for example, wheelchairs, walkers, even a heating pad. It is sometimes discovered that the manufacture was aware of the defect, but delayed taking the medical product off the market – or even concealed the defect. In those cases, punitive damages may be in order. Fault for your medical device injury can lie with anyone from the manufacturer, a testing lab, a doctor, hospital or clinic – even the retailer or medical sales representative who sold it in the first place. Sales representatives sometimes promote unsafe off-label (non-FDA-approved) uses, which is in direct violation of federal law.
Cabaniss Law has pursued and settled a variety of personal injury cases involving medical devices, including an ear syringe, the Angelchik anti-reflux prosthesis, and Intergel.
Cabaniss Law is currently pursuing a lawsuit against Blackstone Medical, Inc., alleging that it sold an untested, ineffective fusion material, Trinity Matrix Allograft, which led to a failed lumbar fusion. As a result, the victim underwent a second lumbar surgery with increased disability, which has prevented him from returning to work. Trinity Matrix Allograft is made from stem cells taken from cadavers. Blackstone takes the position that it does not have to undergo FDA testing and approval. Consequently, the safety and effectiveness of this product is unknown.