Medical devices are recalled for a variety of reasons, including design flaws, manufacturing defects or failure to warn about risks. These recalls are usually issued by the manufacturer — sometimes voluntarily and sometimes at the request of the U.S. Food and Drug Administration (FDA).
A recall does not take away one’s legal right to hold a manufacturer or other responsible parties accountable for injuries or complications caused by a defective product. In fact, a recall can often strengthen a victim of harm’s case by illustrating that the device in question has been formally recognized as unsafe or faulty.
Seeking justice
A recall does not automatically compensate those who have already suffered harm. However, if a recalled device has caused you physical injury, emotional distress, a need for additional surgeries and/or financial loss, you may be entitled to compensation if you file a personal injury claim.
Even if you were not aware of the recall until after your injury, you may still have a strong case. The key question is whether the device was defective and whether that defect directly caused your harm. A recall is just one piece of evidence that can help prove liability.
It’s important to act quickly if you believe a recalled device has harmed you. Start by preserving any documentation you have, including medical records, bills, the device itself if possible and notices of the recall.
These kinds of legal cases can be complex, so seeking legal guidance and support promptly is wise as well. At the end of the day, you shouldn’t have to pay the price for a company’s failure to make a safe product.
