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December 28, 2015. Category: Product Liability, Unsafe Medical Devices

The Complexity of Defective Medical Device Claims

Like other mechanical devices, medical devices can and do malfunction from time to time. The U.S. Food and Drug Administration receives hundreds of thousands of serious complaints about defective medical devices every year. This reality can be particularly frightening to people who depend on a medical device, especially if it has been implanted into their bodies.

Florida Product Liability Law

In Tampa, defective medical device claims are usually resolved under Florida product liability law; however, you might instead have a medical malpractice claim if the harm was caused because a doctor improperly implanted the device. To win a Florida product liability claim, you must prove:

  • The defendant was in the chain of distribution of the product (manufacturer or distributor)
  • The device contained an unreasonably dangerous defect
  • The defect caused your injury

Types of Defects

The three types of defects that can support a product liability personal injury claim are:

  • A defect in the design of the device
  • A manufacturing defect
  • A warning defect

Proving Your Case

A product liability lawsuit can be challenging because product manufacturers and distributors are often willing to devote substantial legal resources to defend such claims, especially if the product remains on the market and is not subject to a formal recall.  You may have to hire expert witnesses, gather extensive documentation about the device and your own medical condition and prove that the harm you suffered was actually caused by the medical device.

Because defective medical device claims can be difficult to prove, you should seek the assistance of a skilled Tampa defective medical device attorney. The product liability lawyers at Alley, Clark & Greiwe have a long history of litigating product liability claims. Call us at 813-222-0977 or contact us online for a free initial evaluation of your claim. 

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