How Can a Defective Medical Device Attorney Help Following Injuries Caused by Medical Devices?
When we agree to be implanted with a medical device, we assume that the device has been exhaustively tested for safety and efficacy. Advances in medical technology have provided extensive benefits to those who are sick and in desperate need of treatment. Some devices can truly be lifesaving, while others can provide a significantly improved quality of life. While most medical devices are safe and effective, some technologies have manufacturing defects, design flaws, or insufficient warning about potential hazards.
A defective medical device can result in degenerative conditions, severe or even catastrophic injuries, or even death. While many defective medical devices have been recalled by the manufacturers, others are still on the market, causing injury and harm. Depending on the nature of the injuries caused by a medical device, these types of product liability claims can be complex—not to mention difficult to establish liability.
You must have an experienced defective medical device attorney who will aggressively work on your behalf to build a strong case against the responsible parties and secure full compensation for your damages. A skilled defective medical device attorney from Carmichael Law Group can comprehensively assess your injuries and the facts surrounding those injuries, and help you determine whether a class action lawsuit or MDL (multidistrict litigation) will be the better choice for you.
In some cases, your attorney may determine that a stand-alone lawsuit against the liable party will be in your best interests. MDLs and class action lawsuits streamline and expedite pretrial processes and discovery, allowing a larger number of those injured by a large corporation to take part in a lawsuit. Having a strong legal advocate in your corner during this difficult time can make all the difference in the outcome of your injuries caused by defective medical devices.
Current Investigations and Lawsuits
There are many current investigations and lawsuits regarding defective medical devices. Some of the more recent ones include:
- Bard PowerPort—The Bard PowerPort is an implantable vascular access device that allows access to the vascular system when IV fluids, medications, nutritional solutions, and blood products must be delivered to a patient. The manufacturers of these PowerPorts are facing lawsuits from patients who suffered severe medical complications as a result of the failure of these devices. The Bard PowerPort was recalled by the FDA in March 2020. Bard PowerPort lawsuits are ongoing, with more than 50 cases consolidated into an MDL as of September 2023, and 99 lawsuits pending consolidation. According to drugwatch.com, there are many complications resulting from defective PowerPorts. A defective device can fracture or migrate, causing serious complications and injuries such as:
- Air embolisms
- Cardiac arrhythmia or puncture
- Catheter or port erosion through the skin
- Endocarditis
- Hematomas
- Embolism resulting from a guidewire fragment
- Hemothorax
- Serious infections of the bloodstream
- Inflammation, necrosis, or scarring of the skin over the implant area
- Chronis, severe pain at the port pocket site
- Vessel perforation
- Thromboembolism
- Vascular thrombosis
While some of these medical issues can be treated, others, including kidney damage, can be permanent.
- Breast implants—As of March 2024, there were 1,201 Allergan Biocell Textured Breast Implant lawsuits pending in MDL 2021 in New Jersey. Allergan recalled many of its Biocell line of breast implants and tissue expanders in 2019 after two women filed a lawsuit against the company. Allergan committed to paying for the replacement of the recalled devices, but not the surgical costs. Silicone breast implants from all manufacturers were first banned in 1992 as a result of safety concerns, then that ban was lifted in 2006. Yet defective or leaking implants have continued to cause serious harm each year to thousands of women. Breast pain, infections, numbness, necrosis, and even rare forms of cancer have been linked to silicone breast implants. In March 2023, the FDA issued a safety communication regarding squamous cell carcinoma in the capsule surrounding breast implants. A September 2022 FDA safety communication had already warned the public about squamous cell carcinoma and various types of lymphomas in the scar tissue around breast implants. Those who have developed complications or disease as a result of their breast implants should immediately contact an experienced defective medical device attorney from Carmichael Law Group.
- Exactech knee, hip, shoulder, and ankle replacements are surgically implanted as a replacement for injured or arthritic joints. Unfortunately, many Exactech joint replacement devices were packaged in defective bags that were missing an oxygen barrier layer meant to protect devices from oxidation that degrades plastic. This oxidation resulted in accelerated device wear and failure, crackling or fracturing of the component, and bone loss related to excessive wear. A defective implanted Exactech device can lead to:
- An inability to bear weight
- Dislocation
- Loosening of the implant
- Inflammation
- Chronic pain
- The necessity for revision surgery
- Osteoporosis
- Failure of the device
- Infection
- Fractures
- Differences in leg length
- Pain when walking
- Blood clots
- Injury to the nerves
- Stiffness
- Limited mobility
As of March 2024, 1,244 lawsuits are pending in an MDL litigation in New York, with no current trials or approved settlements.
- Hernia mesh implants are used during hernia repair; however, some patients have experienced serious complications that eventually led to lawsuits against the manufacturers of the mesh. Hernia mesh lawsuits include cases against mesh manufacturers like Ethicon, C.R. Bard, and Atrium. The body reacts to mesh as a foreign body, which can lead to infection—either at the time of surgery or later. Mesh placed inside the abdomen during hernia surgery can lead to scar tissue, adhesions, and bowel obstructions later on. If bacteria is present on the mesh material used during a surgical procedure, infection (sepsis) can spread throughout the body. Adhesions and scarring following hernia mesh surgery are fairly common, leading to pain and mobility issues. When adhesions form, tissue strands to one another, to nearby organs, or muscles. The mesh used in a hernia repair can also break down and erode through surrounding tissues, causing inflammation, pain, infections, and other complications. Hernia mesh lawsuits have been ongoing for years, and there are currently more than 24,000 mesh lawsuits filed.
- Philips CPAP lawsuits are based on the allegations that some people who used the devices developed cancer, lung problems, or other injuries as a result of degraded foam in the device. Philips agreed to a partial $479 million settlement in September 2023 and there are bellwether trials scheduled in 2024 that could have an impact on every Philips CPAP lawsuit. Philips did agree in January 2024 to stop selling these devices in the U.S., as a result of multiple safety concerns. Not only did the polyester-based polyurethane sound abatement foam degrade in these CPAP machines—potentially causing cancer and organ damage—but Philips also failed to warn the public of health risks despite many instances of reported injuries by consumers such as chronic headaches, airway irritation, coughs, chest pain, and difficulty breathing. Unsealed court documents revealed that Philips was aware of the foam problems at least three years before the FDA recall, however, they kept using the foam and failed to alert the public. Some of the injuries named in the current lawsuits include:
- Blood, brain, and breast cancers
- Chemical poisoning
- Acute respiratory distress syndrome
- Heart attack and heart failure
- Kidney cancer, kidney damage, or kidney disease
- Liver cancer, liver damage, or liver disease
- Lung cancer, lung damage, or lung disease
- Leukemia
- Multiple myeloma
- Prostate cancer
- Pleural effusion
- Severe ear, nose, and throat inflammation
- Respiratory failure
- Rectal cancer
- Non-Hodgkin lymphoma
- Stomach, thyroid, and testicular cancers
If you believe you have suffered injuries as a result of using a Philips CPAP lawsuit, it can be extremely beneficial to speak to a knowledgeable defective medical device attorney from Carmichael Law Group.
How Carmichael Law Group Can Help You Following Injuries Caused by Medical Devices
When you choose Carmichael Law Group to assist you with your defective medical device claim, you have chosen a firm that will move heaven and earth to hold big corporations accountable for knowingly profiting from devices they know are defective or harmful. Attorney Brian Carmichael will aggressively pursue justice on your behalf, ensuring you receive compensation for your damages and that the liable company is punished for failure to warn as well as for continuing to sell defective products. We offer free consultations and serve clients across the nation with defective medical device claims. With more than 400 positive Google reviews, we believe that once you have spoken to Brian Carmichael, your choice will be crystal clear. Don’t wait—contact Carmichael Law Group today.
