Defective Medical Equipment: Medical Device Recalls

An Oklahoma City personal injury lawyer represents people who have been injured through the negligence or strict liability of another person or entity.  Automobile accidents, premises liability accidents, products liability accidents, and medical malpractice are among the most commonly litigated personal injury cases.  Medical malpractice refers to the negligence of health care professionals in providing an appropriate standard of care, but there are other types of medical litigation for people whose medical treatment does more harm than good or leaves them with serious illness or injury.  An Oklahoma City defective drugs lawyer handles pharmaceutical litigation for those harmed by dangerous or defective medications; a defective products lawyer in Oklahoma City handles litigation against companies responsible for defective medical devices and equipment. Frequently, defective product recalls are issued by the Consumer Product Safety Commission (CPSC).  Recalls in conjunction with the CPSC involve consumer products such has motor vehicles and auto parts, electronics, tools, household products, and child products.  Defective drug recalls and medical device recalls are generally issued by the U.S. Food and Drug Administration (FDA). According to the FDA website, medical device recalls are issued when "a medical device is defective, when it could be a risk to health, or when it is both defective and a risk to health."  Medical device recalls result in either the correction of the problem with the defective device or in the removal of the product from the market.  Unfortunately, many frequently recalled medical devices have been surgically implanted in the patient by the time the risks associated with the defective products are discovered.  Breast implants, knee implants, hip replacement devices, and pacemakers have all been subject to FDA recalls.  In cases of recalled implants, a physician must weigh the risks of leaving the device in the patient against the risks of surgery to remove the device and replace it with a fully-functioning device. A medical device manufacturer may voluntarily recall a product for correction or removal when they become aware that the device does not meet FDA guidelines or violates FDA law.  In some situations, the FDA itself may mandate the recall of a defective medical device.  Unfortunately, recalls are not issued until health risks associated with the use of the device are reported.  By the time a medical manufacturer or the FDA becomes aware that the health risks of a specific device outweigh the benefits of use, serious injury may have already occurred. Patients injured by a defective medical device may be able to obtain financial compensation through a products liability lawsuit, a medical malpractice lawsuit, a wrongful death lawsuit, or a class action lawsuit against the medical manufacturer or others involved in using the defective device in the patient's treatment.  For more information about pursuing medical litigation regarding malpractice, defective drugs, or defective medical equipment, contact a personal injury lawyer in Oklahoma City.