Clark, Love & Hutson, GP

Defective medical device litigation may stem from lack of recalls

People in Texas who have a medical condition that can only be relieved through the implantation of a medical device, such as a stent or a hip implant, may be under the impression that the items placed in their bodies are safe and will have a positive impact on their health. Unfortunately, this is not always the case as defective medical devices sometimes slip through the cracks, harming patients. This may be especially concerning if it is found that companies manufacturing these devices may be avoiding recalling the device.

According to a new Indiana University study, instead of recalling defective products, medical device firm managers are depending on doctors to identify defects and thus cease using the products on patients. Some managers also were reluctant to issue a recall until the underlying cause of the problem is identified in order to lower the expenses related to recalling a defective medical device. Currently, the U.S. Food and Drug Administration does not have specific policies on recalling defective medical devices, leaving these recalls essentially up to the judgment of the businesses themselves.

This may be concerning to those who have suffered damages due to defective medical devices. Even if a recall is issued, sometimes it comes too late. This can be especially distressing if the manufacturer of the defective medical product knew there were issues with the product but did not immediately recall it.

Therefore, some people injured due to defective medical devices may choose to pursue defective medical device litigation. These victims often suffer great damages when a medical device such as a metal hip implant or vaginal mesh has caused them significant pain and a worsened condition that affects nearly every aspect of their life. It is important in such cases that the manufacturers of defective medical devices are held responsible for these actions in a manner that is appropriate.

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