Millions of people rely on medical devices. They can help to improve health and they can enhance the quality of life. However, unfortunately, when these products are defective, the consequences can be devastating, even deadly. Faulty medical equipment can lead to serious injuries, terrible illnesses, and life-threatening medical complications. Medical devices manufacturers must be held accountable. In this article, our Phoenix defective medical device attorney provides a guide to dangerous and defective medical equipment claims in Arizona.
What is a Defective Medical Device?
A defective medical device is any medical product that is flawed in its design, manufacturing, or marketing, making it unsafe or ineffective for its intended use. These defects can lead to serious injuries, health complications, or even death for patients who rely on them. In Arizona, a medical device may be defective due to a poor design, flawed manufacturing, or a failure to warn about use/side effects. Some of the most common examples of defective medical equipment include:
- Hip Implants: Some metal-on-metal hip implants have been linked to premature failure and metal poisoning.
- Pacemakers: Malfunctions in these devices can lead to life-threatening heart complications.
- Surgical Mesh: Used in hernia and pelvic surgeries, but certain meshes have caused severe infections and organ damage.
- Insulin Pumps: A malfunctioning pump can deliver too much or too little insulin, causing serious health risks.
- Dialysis Machines: Defects in dialysis equipment or solutions have led to contaminated blood, improper filtration, and severe health complications.
- IVC Filters: These are designed to prevent blood clots from reaching the lungs. However, IVC filters have fractured or migrated. They can cause organ damage.
- Breast Implants: Some textured breast implants have been linked to a rare form of cancer called breast implant-associated anaplastic large cell lymphoma (BIA-ALCL).
Why Defective Medical Equipment is So Dangerous
Defective medical devices put patients in harm’s way. They are extremely dangerous. People rely on medical devices to achieve a specific purpose—and when a medical device fails it can have catastrophic consequences. Here are some specific risks:
- Increased Risk of Patient Harm: Medical devices are designed to aid in diagnosis, treatment, or life support. If a device is defective, it may fail to perform its intended function.
- Devastating Side Effects/Complications: In some cases, medical devices that are defective cause terrible, unexpected side effects or complications that harm the patient.
- Delayed or Incorrect Treatment: Many medical devices are used for monitoring and diagnosing conditions. If a defect leads to inaccurate readings—such as in a faulty blood pressure monitor or glucose meter—it could result in a misdiagnosis.
- Surgical and Post-Surgical Complications: Defective implants, surgical instruments, or prosthetics can cause severe complications, such as infections, organ damage, or device rejection. For instance, defective hip replacements may deteriorate faster than they should.
Know the Law: Product Liability in Arizona
Defective medical device claims fall under product liability laws. Under Arizona law (Arizona Revised Statute § 12-681), a manufacturer, distributor, or other corporation may be liable for the harm caused by a dangerous and defective product, including a medical device. A patient injured by a defective medical device in Arizona may bring a claim under one or more of the following theories:
- Strict Liability (Most Common): Arizona law holds manufacturers strictly liable if a device is defective and causes harm, even if there was no negligence in its production.
- Negligence: If a manufacturer, distributor, or healthcare provider failed to exercise reasonable care in designing, manufacturing, or selling the device, they may be held liable.
- Breach of Warranty: If the medical device fails to perform as advertised or promised, it could constitute a breach of express or implied warranties.
What Evidence Can You Use to Prove a Medical Device is Defective?
Evidence builds the foundation of any successful product liability claim in Arizona. Defective medical device claims are certainly no exception to the rule. Common evidence includes:
- The Defective Medical Device Itself: Retaining the faulty device (if possible) allows experts to inspect it for design, manufacturing, or labeling defects.
- Medical Records: You need medical records. Documentation of injuries, complications, or worsening conditions linked to the defective device helps establish a connection.
- Expert Testimony: Testimony from medical professionals, engineers, or product safety experts can demonstrate how the device failed and why it was unsafe.
- Manufacturer Recall Notices or FDA Warnings: Evidence that the device was recalled or subject to FDA safety warnings can help show that it was known to be dangerous.
- Product Testing Reports: Internal or third-party reports about defects, malfunctions, or safety concerns can provide crucial proof of the device’s flaws.
- Instruction Manuals & Warning Labels: Evidence that the manufacturer failed to provide proper usage instructions or adequate warnings about risks can support a claim.
Recovering Compensation through a Defective Medical Device Claim in Arizona
Were you or your loved one harmed by a dangerous and defective medical device in Arizona? It is imperative that you are able to secure all available financial support. Through a product liability claim, injured victims in Phoenix and elsewhere in Arizona have the right to pursue:
- Emergency medical treatment;
- Hospital bills;
- Other medical expenses;
- New medical equipment;
- Loss of current and future wages;
- Pain and suffering;
- Mental distress;
- Disfigurement;
- Disability;
- Reduced life quality; and
- Wrongful death damages.
How Our Phoenix Product Liability Lawyers Can Help With a Defective Medical Device Claim
Medical equipment is very important—and at its best, it can be life-saving. At the same time, dangerous and defective medical devices can put innocent people in harm’s way. Big corporations should never put profits before public safety. Companies can and should be held liable for injuries, illnesses, and other medical complications caused by defective medical devices. At The Law Office of Paul J. Dombeck, PLLC, our Phoenix, AZ product liability attorneys help victims and families get justice. We will review your case, answer questions, and develop a plan of action.
Get Help From Our Phoenix Defective Medical Device Lawyer Today
At The Law Office of Paul J. Dombeck, PLLC, our Phoenix product liability attorney has the skills and experience to handle defective medical device cases. If you or a family member was hurt by a defective medical device, please do not hesitate to contact us today for a free, no-strings-attached case review. With a law office in Phoenix, we handle defective medical device cases across Arizona.