Advances are made in the medical field all the time. While this often spells good news for patients, the truth of the matter is that the drugs and medical devices that come from these advances aren’t always as safe as they seem. Sure, these medical technologies undergo years of research, development, testing, and manufacturing before reaching the marketplace, but the drive for profits often cause companies to cut corners at the expense of safety.
Dangers posed by the Linx device
One medical device that has gained attention lately is the Linx device. This device is a flexible band that has titanium beads with magnetic cores and is used to wrap the lower end of the esophagus to reduce the symptoms of gastroesophageal reflux disease. Although the device has shown some promise in reducing the amount of acid that reaches the esophagus, it’s not without its risks.
What are those dangers? Here are just some of the complications that have been experienced by some patients who had a Linx system implanted:
- Difficulty or inability to swallow
- Pain when swallowing
- Development of irritable bowel syndrome and other gastrointestinal issues
- Inability to vomit
- Chronic nausea
- Device malfunction and erosion
- Device migration
Any one of these complications can cause serious harm or even death to a patient. In fact, there have been multiple lawsuits filed against the maker of the Linx device for causing issues such as hiatal hernias, paraoesophageal hernias, and even shock to the nervous system. The physical and emotional pain and suffering associated with these injuries can be extreme, too, leaving a victim with extensive damages that can be difficult to overcome.
Proving a defective medical device case
The lawsuits that have been levied against the makers of the Linx device allege that the manufacturer knew about the dangers of the product but failed to disclose known defects. But this is just one way that you can go about proving your defective medical device case. In fact, each of the following may support your claim:
- Design defect: Here, you simply have to show that the design of the product was flawed in some fashion, and that those flaws caused your injuries. To prove this type of defect, you’re probably going to have to subpoena research and design records from the device’s maker.
- Testing issues: Although medical devices are supposed to be thoroughly tested before being released onto the market, the sad truth is that sometimes testing is cut short or negative test results are kept secret. These improprieties can serve the basis of your legal claim.
- Manufacturing errors: Mistakes can be made during the manufacturing process, too. This is often seen when device makers try to save money by utilizing a cheaper, although less reliable, material in the production of the device. Sometimes device components are improperly put together or pieces of the device become contaminated in some fashion, too.
- Warning labels: Warning labels need to be clear so that consumers are put on notice of the risks and side effects of the device in question. If those warnings were inadequate, then you can use that fact to support your case.
Have an aggressive legal ally on your side
If you or a loved one was hurt by a defective medical device like the Linx system, then now is the time to take legal action. After all, there are time limits on when you can bring your claim, and it can take a while to build the thorough and comprehensive case that you need to position yourself for success. So, when you’re ready, think about reaching out to an experienced and aggressive ally who can help you fight for the outcome that you deserve.