In cases when a medical implant or device fails, the patient may have recourse against the product manufacturer. Medical implant/device failures may require filing a “product liability” claim against the manufacturer. In Pennsylvania and New Jersey, there are two main types of claims made in a products liability injury case involving a medical implant/device: defective design and/or manufacturing defect.
A defective design claim focuses on how the product was designed, whereas a manufacturing defect claim focuses on how the product was physically made. An error in design means that all of the same products are defective. An error in manufacturing means that a specific lot or batch of a given product is defective. Generally, product defect cases involve one claim or the other.
When a medical implant or device fails/breaks, product manufacturers can be held liable for the failure. To determine whether there is a viable medical product defect injury case, an attorney will conduct an initial interview with the patient, review all relevant medical records and then discuss the case and product with a product engineer.
It is important to note that these cases are very complex, even more so than other product liability cases. Medical implant/device product manufacturers spare no expense when it comes to defending defective product injury claims. In cases involving defective medical implants/devices, product manufacturers often point to research studies and/or FDA approvals as evidence that the product was reasonably safe. Therefore, it is crucial to retain the right medical product injury lawyer, someone with the resources and experience to take on large medical product companies.
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Medical Implant and Device Defect Lawyers
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