Clark, Love & Hutson, PLLC

When will a defective medical device in Texas be recalled?

When a person in Texas receives an artificial hip, a pacemaker or some other type of medical device implanted in them, they naturally hope for an improved condition following the procedure. Unfortunately, defective medical devices are sometimes used, and until the defect is discovered and reported, will harm those who receive them.

The U.S. Food and Drug Administration is the agency responsible for issuing recalls of defective medical devices. A medical device will be recalled if there is a defect, where the product poses a health risk or when the product is both defective and presents a health risk. The FDA will determine if the product violates FDA requirements or law, and if appropriate will classify the recall, either as I, II or III depending on how dangerous the product is. For example, a Class I recall is issued when there is a reasonable chance that the device could lead to serious health issues or fatalities.

Sometimes, when a product is recalled, it is not necessarily to entirely suspend the use of the product. Sometimes the device is fixable. Also, even if a person has a defective medical device inside them, such as an artificial hip, the risks will need to be weighed between removing the product or keeping it in. However, some defective medical devices are so dangerous that their use must be discontinued entirely, and those who have the devices inside them must have them removed if possible.

Unfortunately, sometimes despite a recall, a person is still injured by a defective medical device. When this happens, they may choose to pursue defective medical device litigation. A defective medical device could negatively impact a person's health for many years, if not for the rest of their life. Through litigation, it may be possible to pursue compensation for the damages suffered due to the defective medical device, and it can be a way to hold manufacturers of defective medical devices accountable for their actions.

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