Oklahoma defective medical device lawyer

Medical devices, such as pacemakers, hip implants, and insulin pumps, are meant to promote health and extend patients’ lives, but sometimes they fail. The FDA receives over 2 million reports of injuries and deaths from medical device malfunctions every year, while the USGAO estimates nearly 1.7 million medical device injuries occurred in the decade between 2008 and 2018.

If you or a loved one have sustained injuries from defective medical equipment, contact the Oklahoma City product liability lawyer at Cain Law. Medical device product manufacturers are liable for injuries their defective product causes, and you may be able to recover financial compensation in the form of a defective medical device claim.

Reach out today to speak to our defective medical device attorneys in Oklahoma City.

How a Defective Medical Device Lawyer Can Help

The attorneys at Cain Law have over 100 years of collective legal experience in Oklahoma and can lead the fight to recover your due compensation. Our local law firm has recovered over $100 million for injured clients, including several high-value settlements for dangerous product claims. More specifically, we can help your case by:

  • Investigating the accident scene
  • Obtaining medical documentation
  • Working with expert testimony
  • Preserving the defective device
  • Calculating economic and noneconomic losses
  • Sending demand letters
  • Negotiating with insurance companies
  • Filing lawsuits
  • Representing you in court

We believe that finances shouldn’t be an obstacle to obtaining legal representation. To that end, we operate entirely on a contingency basis, meaning you don’t pay us unless we win you a settlement or court-ordered verdict. Here is what one satisfied client had to say about our work:

“I highly recommend Cain Law Firm. Drew fought for me every step of the way. He and his team informed me about everything happening and always answered all my questions. They made the process so much easier than I expected. Could not have asked for a better team.”
– Ruth Y.

When you work with us, your health is our priority. We won’t rest until we have exhausted every available avenue for recovering your losses.

Types of Product Defects

The following are the three primary ways a medical device can be defective for the purposes of a product liability case:

  • Dangerous Design – A product might have an inherently dangerous design that makes it prone to causing injury, even when it is used as the manufacturer intends. These types of defects affect every instance of a product line. For example, a specific hip replacement might cause rejection due to the materials used in the product line.
  • Manufacturing Defect – A medical device can also be defective due to a specific manufacturing defect. These types of defects affect a single product, not necessarily an entire line. For example, a permanent metal stent might have a defect, causing it to collapse and damage the artery.
  • Labeling Defects – Medical devices can also be defective when they provide incorrect labeling or insufficient warning. For instance, an inhaler that doesn’t provide sufficient use instructions may be considered defective if it causes injury.

Common Medical Devices That Have Defects

Medical devices that are the most likely to have defects are also among the most common types of devices the general public uses. Some of the most common types of defective medical devices include the following:

  • Hip implants
  • Knee replacements
  • Pacemakers
  • Implantable cardiac defibrillator (ICD)
  • Insulin pumps
  • Transvaginal mesh
  • CPAP machines
  • Stents
  • IUDs
  • Dental implants
  • Surgical equipment
  • Diagnostic equipment (MRI, X-ray, etc.)

How Medical Device Defects Can Cause Injuries

Medical devices can cause organ damage, systemic failure, tissue necrosis, infection, and more. The exact nature of the damage depends on the specific device and which parts/systems of the body it works on.

For instance, a defective hip replacement can cause pain, bone loss, torn ligaments, nerve damage, and infection. Similarly, a defective pacemaker that emits too strong an electrical impulse can damage heart tissue, leading to heart disease and heart attacks. Defective CPAP machines can damage the lungs and respiratory system, while defective stents can damage arteries and blood vessels if they collapse.

Regardless of the specifics, medical device failures and defects are extremely serious and often require intense medical intervention to fix. For example, defective implanted devices may require expensive and invasive surgery to remove. Injuries from defective medical products may also cause long-term impairment and permanent disability.

Types of Recalls

When manufacturers discover a defect in a product line or discover that a product violates FDA law, they may initiate a recall. There are two types of recalls, depending on what action takes place: corrections and removals. Corrections address a problem with the specific product, while removals remove the product from where it is used and sold.

Recalls with medical devices can present challenges, as some devices may not be easily corrected or removed, such as surgical implants. In these cases, manufacturers may recommend patients consult with their doctors to weigh the risks of leaving the implant or surgically removing it. Most device recalls are voluntary, but the FDA can force companies to recall devices if they violate the law. When notified of a product recall, the FDA provides a designation to assign risk:

  • Class I – Use of the product is likely to cause injury and/or death
  • Class II – Use of the product may cause temporary or reversible health problems
  • Class III – Use of the product is not likely to cause injury

If you have used or are currently using a recalled medical device, it could provide sufficient grounds for a defective medical device lawsuit against the manufacturer for injuries suffered.

In Pain? Call Cain

Medical device manufacturers have a responsibility to ensure their products are safe and effective. If you have been harmed by a defective medical device, contact the attorneys at Cain Law. We can investigate your product liability case and help secure justice for the harm you have suffered.

Contact us online or call today to speak to our Oklahoma City defective medical device lawyers. We are available 24/7, so feel free to reach out at any time to get started. Your initial consultation is free, and you pay nothing unless we recover money on your claim.