Clark Love & Hutson
Bg Banner
Clark Love & Hutson

The Nationally Recognized Plaintiffs Litigation
Law Firm

The Nationally Recognized Plaintiffs Litigation Law Firm

What makes a medical device defective?

On Behalf of | Jan 27, 2025 | Defective Medical Device Litigation |

With today’s medical technology, harm from a defective medical device should not occur.

Unfortunately, medical device manufacturers do not always follow the proper steps to avoid putting dangerous medical devices on the market. When a defective medical device harms you or a loved one, you have legal options.

If you believe you have a defective medical device, act quickly. The statute of limitations in Texas for filing a defective medical device claim is two years from the date of the injury.

What is a defective medical device?

Medical device manufacturers have a legal duty to ensure the products they put on the market are safe for their intended use. If a product is not safe for its intended use, it could be considered defective under Texas law.

Intended use means that you use the device in the way it is meant to be used. Proof that you did not use the device as intended could weaken a product liability case based on a defective medical device.

For example, if you are given a device with a clear warning not to use it under certain conditions, and evidence shows you used it under those conditions and suffered harm, the defense could argue that the harm was caused by your improper use of the product, rather than a defect.

There are four main categories of defective medical devices:

  • Design defects
  • Labeling defects
  • Manufacturing defects
  • Packaging defects

Design and labeling defects

When the construction, form or materials used to make a product are defective, the product could have a design defect.

Some types of medical devices are complicated and require detailed instructions about how to properly use the product. When a medical device company does not adequately label a medical device or include warnings, the product may be defective.

Warnings on medical devices should be obvious so that they are not missed by the user. A warning on a device printed in tiny, hard-to-read language on a small sticker on the bottom of the device is easy to miss.

If you fail to use the device properly because you did not read the warning in this type of situation, a manufacturer could still be held liable for not making its warning easy enough for consumers to find, read and understand.

Manufacturing and packaging defects

A medical device designed properly could become defective during the manufacturing process. Improper assembly of the device or errors in the quality control process means doctors or hospitals could receive a device with a manufacturing defect.

The complexity of some medical devices means they must be carefully packaged to keep them safe. When medical devices are not packaged properly, it can cause harm.

Sometimes a medical device is recalled. However, this is not a necessary requirement to file a claim based on a defective medical device. Getting professional advice can help answer your questions about whether you should file a claim or your chance of success.