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“Do no harm.” That’s the oath doctors promise to their patients. It’s sacred and the basis of how all of us expect to be treated, but that promise does not always apply to the companies that make and sell medical products and drugs. Often, the oath of “do no harm” is overshadowed by corporate profit margins and greed, and while doctors do their best to heal our bodies, sometimes the drugs they prescribe or the devices they use in surgery are what do the most harm.
The law provides a clear expectation that any product brought to market must be safe for its intended use or consumption. When a consumer is injured by a product that fails to meet these safety standards, the responsibility for that harm must fall upon the entity that placed the item into the stream of commerce. Our medical product liability lawyers at mctlaw are equipped with the experience and technical knowledge required to level the playing field.
Who Can File a Product Liability Lawsuit?
If you have suffered a physical or financial injury because of a defective medical product, you have the right to seek compensation. You do not need to be the person who originally purchased the item to file a claim; anyone who was harmed while using the product as intended may take legal action. We also represent families who have lost a loved one due to a dangerous medical device.
Current Lawsuits
The attorneys at mctlaw represent people in many types of product liability lawsuits, including many high-profile cases such as the ones listed below. However, we litigate many types of product injuries.
We encourage you to reach out if you’ve been injured by any type of device or drug so our attorneys can review your case.
Kratom Lawsuits
The FDA calls Kratom a dangerous substance that’s injured and killed hundreds of people. Kratom acts like an opioid and can lead to overdoses and serious side effects. The attorneys at mctlaw are filing lawsuits across the US against manufacturers and distributors of this deadly powder.
Metal on Metal Hip Replacements
Patients in jury trials across the country have won multimillion-dollar judgments for injuries caused by defective metal on metal hip replacements. Mctlaw is one of the few law firms leading this litigation.
Depo-Provera and Brain Tumor Risk
Recent research has shown a possible connection between the use of Depo-Provera, a popular birth control shot, and an increased risk of brain tumors, specifically meningiomas.
American Shaman Advanced Alkaloids
Shaman Botanicals issued a nationwide recall of CBD American Shaman Advanced Alkaloids chewable tablets. Learn about the risks of 7-OH and potential injury lawsuits.
Dupixent Lymphoma Skin Cancer Lawsuits
mctlaw is investigating legal claims for people who developed a rare skin cancer after using the drug Dupixent. This specific cancer is called cutaneous T-cell lymphoma (CTCL).
Cartiva Toe Implant Recall Lawsuit
Cartiva toe implant complications? Learn about pain, implant failure, and your legal options. See if you may qualify for a Cartiva lawsuit.
Vaccine Injury Compensation
Our attorneys have won hundreds of millions of dollars for our vaccine injury clients.
Find out about the National Vaccine Injury Compensation Program and how we can help you file a claim.
Ozempic, Wegovy & Similar Drugs
GLP-1 (Glucagon-Like Peptide-1) drugs are a class of medications used to treat Type 2 diabetes and, more recently, for weight loss. These drugs help regulate blood sugar levels and promote weight loss by mimicking the effects of the GLP-1 hormone, which stimulates insulin production and slows down digestion.
Other Defective Medical Devices and Drugs
Talk to our legal team if you’ve been injured by a medical device or drug. We evaluate various types of medical product liability cases.
What Is Product Liability?
Product liability is the area of law that holds manufacturers and sellers responsible when a defective product causes injury. A central part of these cases involves warranties, which are legal promises made about a product’s safety and performance during a sale. It is important to distinguish between the two primary types of warranties:
Express Warranties
These are specific, clear claims made by a manufacturer or seller about a product’s quality or how it will perform.
Implied Warranties
These are automatic legal protections that ensure a product is fit for its intended purpose and meets the basic safety expectations of a consumer.
The law assumes that by selling a medical device or drug, a manufacturer guarantees the product is of a certain quality and safe for use. If a company fails to meet these standards, the law allows injured patients to file a lawsuit to recover damages. In these cases, liability may extend beyond the manufacturer to include distributors and other parties involved in the product’s chain of commerce.
Types of Product Liability Claims
In product liability cases, affected individuals (i.e. the plaintiffs) can pursue claims based on negligence, strict liability, misrepresentation, or breach of warranty. Negligence in product liability cases requires the plaintiff to prove that the manufacturer failed to exercise reasonable care in the product’s design, manufacture, or warnings.
Product Defects During Manufacturing
A manufacturing defect may occur because of a flaw in construction or production, affecting only one or a few products of a particular type. There can be problems with the sterilization process, issues with the quality of the materials used, damage during shipping, or errors at any point between making the device and when you receive it.
Product Design Defects
Design defects are inherent to an entire line of the same product, making every product of that type unreasonably dangerous to use.
Marketing Defects, or a Failure to Warn of a Defective or Dangerous Product
Everyone has the right to know the risks and benefits of the products they use. If the manufacturer does not give proper warnings about the dangers of a device, or if it does not explain how to safely use a product, then the company could be liable and held responsible for an injury.
Manufacturers also have a duty to warn healthcare professionals, like your doctor or surgeon, about risks and how to safely use their medical products. That’s important because doctors often make recommendations to a patient about what types of devices or drugs to choose.
Talk to our legal team
Your medical product or drug injury might be the first of it’s kind. Or you may not know about an FDA recall or safety alert. A quick conversation with our legal team may help you figure out what to do next.
Seeking Compensation in a Medical Product Liability Case
If you have been injured by a defective product, you have the right to seek compensation for both your financial and emotional losses. This typically includes recovery for quantifiable expenses like medical bills and lost income, as well as compensation for the pain and suffering caused by your injuries. In cases where a company acted with extreme negligence or disregard for safety, a court may also award punitive damages to punish the manufacturer and discourage similar behavior in the future. Note that every medical device liability case is unique; the final amount of a settlement or verdict depends on the specific details of your case, including the severity of your medical condition and the level of fault assigned to the manufacturer. Our goal as your attorneys will be to help ensure that any recovery reflects the true impact your injuries have had on your life and your family’s well-being.
How Do Medical Device Companies Issue Recalls?
A medical device is anything used by a health care practitioner to diagnose, mitigate, treat, or prevent disease, injury, or other medical conditions. The FDA classifies these devices into three recall categories based on their risks:
CLASS I
The most common type of medical device. These have low to moderate risk, minimal contact with the patient, and a low impact on overall health. They are subject to the least amount of government oversight. Examples are elastic bandages, tongue depressors, manual stethoscopes, bedpans, and hospital beds.
CLASS II
These devices are more likely to be in contact with a patient and have moderate to high levels of risk. The government and the FDA have more rules over how these items are approved before they are sold for use in patients. This is called the 510K process. Examples are powered wheelchairs, catheters, blood pressure cuffs, surgical gloves, and contact lenses.
CLASS III
These are products that the FDA defines as “ sustaining or supporting life, are implanted, or present a potential unreasonable risk of illness or injury.” Class III devices must go through the toughest FDA scrutiny before going on the market. Examples include defibrillators, artificial hips, shoulders, knees, hernia mesh, breast implants, cochlear implants, and birth control devices.
Manufacturer Defect Lawsuits: Active Cases We’re Handling
Product liability law holds manufacturers, distributors, suppliers, retailers, and others responsible for injuries caused by defective products. It protects consumers by allowing them to hold companies liable for design, manufacturing, or marketing flaws. Our attorneys represent people in many types of product liability lawsuits, including many high-profile cases such as:
Metal-on-Metal Hip Replacement Lawsuits
Some hip replacement implants have failed far earlier than expected due to design or manufacturing defects. Certain metal-on-metal devices can release metal particles into the body, causing tissue damage, bone loss, severe pain, and the need for revision surgery. Our attorneys are reviewing cases involving defective hip implants and helping patients pursue compensation for complications caused by these devices.
Kratom Lawsuits
The FDA calls Kratom a dangerous substance that has injured and killed hundreds of people. Kratom acts like an opioid and can lead to overdoses and serious side effects. Our Kratom injury victims attorneys are filing lawsuits across the US against manufacturers and distributors of this deadly substance to help ensure the responsible parties are held responsible.
Depo-Provera and Brain Tumor Risk
Recent research has shown a possible connection between the use of Depo-Provera, a popular birth control shot, and an increased risk of brain tumors, specifically meningiomas. We’re working with Depo-Provera injury victims to help secure justice and compensation.
How Can a Defective Product Attorney at mctlaw Help Me?
A defective product attorney at mctlaw can help evaluate whether you have a viable product liability claim and build the case strategically from the outset. Our legal team will immediately work to preserve evidence and analyze regulatory data so we can categorize the defect. While you don’t have to prove negligence in a strict liability case, you must prove the product was defective and directly caused your harm.
We manage the technical demands of your case by identifying every potential defendant in the distribution chain, from the original manufacturer to the entities that placed the product in the marketplace. By partnering with our experienced team, you ensure your claim is thoroughly evaluated and built to withstand the aggressive defense strategies common in product liability law.
Medical Product Liability Lawyer: FAQs
Who Is Responsible for Consumer Protection?
These are really complicated cases and might involve more than one defendant in a lawsuit. Possible defendants to hold responsible are:
- The designer of the product
- The manufacturer of the product
- The business or people who marketed the product
How Do I Know If My Injury Was Caused by a Defective Medical Device or Drug?
Medical product injuries are not always obvious. Complications may develop months or even years after implantation or prolonged use. Warning signs can include unexpected side effects, device failure, revision surgery, worsening symptoms, or complications that were not disclosed by the manufacturers. This is where a medical product liability lawyer steps in. We review your medical records, regulatory history, and scientific literature to determine whether the injury may be linked to a defective product.
Do I Have a Case If There Has Not Been an FDA Recall?
Yes. An FDA recall is not required to file a product liability lawsuit. Sometimes, defective medical devices and dangerous drugs remain on the market long before a formal recall is issued. In many cases, recalls are never issued at all; instead, the product is quietly taken off the market.
What Is the Difference Between a Product Liability Claim and Medical Malpractice?
Product liability cases focus on the manufacturer or seller of a defective drug or medical device. Medical malpractice claims involve negligence by a healthcare provider. So, for instance, if a surgeon implanted a device correctly but the device itself was defective, the claim is usually against the manufacturer rather than the doctor.
What If I Signed a Consent Form Before My Surgery?
Signing a consent form does not excuse a manufacturer from liability for a defective product that is inserted in your body. Informed consent typically relates to known medical risks. It does not waive your right to bring a claim if the product was defectively designed, improperly manufactured, or lacked adequate warnings.
Can Family Members File a Wrongful Death Claim for a Defective Medical Product?
Yes, if a defective drug or device caused a fatal injury, surviving family members may have the right to pursue a wrongful death claim.
Contact mctlaw for Help with Your Medical Device Liability Case
At mctlaw, we understand that a medical device or drug injury affects more than just your physical health; it impacts your financial stability and your family’s future. When you reach out to our firm, we will conduct a comprehensive evaluation of your situation to identify the parties that may be held liable for your damages.We encourage you to schedule a free consultation to discuss the specifics of your case. Let us handle the complexities of the litigation process so you can focus on your recovery and reclaiming your life.
About mctlaw
The attorneys at mctlaw represent clients against multinational corporations and governments every day, winning substantial settlements and judgments for our clients.
In the past few years alone, we’ve recovered hundreds of millions of dollars for our clients. We are trial attorneys with a reputation for standing firm when other law firms back down.
We don’t blink, and our clients benefit.
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Michael Cowgill is an experienced attorney in the product liability division at mctlaw. Michael focuses his practice on defective medical devices such as recalled metal-on-metal hips and wrongful death lawsuits involving Kratom. Mr. Cowgill graduated Magna Cum Laude from Lewis & Clark Law School in Portland, OR. He volunteers as a high school mentor with a program for underprivileged youths interested in pursuing a future legal career.
