MEDICAL PRODUCT LIABILITY LAWSUITS
We Can Help You Get Justice for Drug and Medical Device Injuries
The Problems with Drug Makers and Medical Devices Manufactures
“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 devices and drugs. Often the oath of “do no harm” is overshadowed by corporate profit margins and greed. 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.
If you or someone close to you is injured by a drug or medical device, we may be able to help.
The attorneys at Maglio Christopher & Toale, P.A. | mctlaw represent people in many types of medical product liability lawsuits, including many high profile cases such as the ones listed below. However, we litigate many types of medical 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.
Metal on Metal Hip Replacements
Zantac Cancer Lawsuits
Vaccine Injury Compensation
Find out about the National Vaccine Injury Compensation Program and how we can help you file a claim.
Medtronic Pacemaker Battery Failures
devices have a potentially fatal defect that suddenly depletes the charge with no warning.
What are Medical Devices?
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 medical devices into three categories based on their risks:
CLASS I: The most common type of medical device. These have low to moderate risk, minimal contact with 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 FDA has more rules over how these items are approved before selling them 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 efdibrillators, artificial hips, shoulders, knees, hernia mesh, breast implants, cochlear implants, and birth control devices.
Medical Products Liability Lawsuits Happen for One of Three Reasons
1. Defective Manufacture
Problems can happen in the factory when the device is being made. These mistakes are called manufacturing defects. There are a lot of ways things can go wrong here. 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.
2. Defective Design
Design defects happen because of a flaw in the planning and development of the product itself. This type of defect makes it unreasonably dangerous to the consumer.
3. Defective Marketing – Failure to Warn:
Everyone has the right to know the risks and benefits of the medical product 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. This is called “a failure to warn.”
Manufacturers must also warn health care 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 device 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.
Who is Responsible for Your Injury?
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
About Maglio Christopher & Toale, P.A. | mctlaw
The attorneys at Maglio Christopher & Toale, P.A. 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.