I was harmed by a defective medical device. Can I sue the manufacturer of the device?

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I’m sorry to hear about your defective medical device. Unfortunately, many medical devices enter the market before they are fully tested. The potential profits that can be made from successful medical devices can be so high that manufacturers may be tempted to push dangerous products onto the market before they are safe. Although the FDA tries to screen medical devices for their effectiveness, it relies on data supplied by medical device manufacturers, which may not be correct.

Since 1976, the FDA has allowed for quicker approval of medical devices if they are similar to existing products already available, without the normal testing that is typically required. This quicker approval process is a less expensive way for medical device companies to get their products to the market. As a result, many medical devices enter the market that are unsafe and do not have sufficient long-term studies about their safety and effectiveness.

If a person is harmed by an unsafe medical device, those cases typically are different from other types of medical malpractice cases. These cases are product liability cases where a person is injured because of a defect in the product, not because of any negligence by a doctor. In order for a product liability case to succeed, there must be normally either a defect in the design or manufacture of the device, a failure to warn of the dangers of the device, or a failure to recall the device.

If you have been harmed by an unsafe medical device, call the Houston personal injury attorneys at Kennedy Hodges at 855-947-0707. Call us today to schedule a free consultation on your case.

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