Many people, young and old, have used a medical device to improve their health and well-being. As one might expect, there has been an acceleration in the development of new medical devices in the last twenty-five years. Along with basic clinical and biomedical research, bioengineering research has substantially contributed to the knowledge base underlying the development of medical devices.
The life expectancy of Americans has increased from 68 in 1950 to 79 in 2013. In 2017, about 15.6 percent of the U.S. population was 65 or older. This is expected to rise to 20.6% by 2030, which is an increase of 33%. With this aging of baby boomers, the number of Americans ages 65 and older requiring medical devices should also rise accordingly.
Regardless of state-of-the-art technology, mistakes still occur in the design, manufacture, and marketing of medical implements. As a result, there are unfortunate instances where these devices may cause injury and form the basis for a claim based on product liability. Some medical devices that have been the source of product liability litigation in recent years include:
According to the Food and Drug Administration (FDA), a medical device is an instrument, apparatus, implement, machine, contrivance, implant, in vitro reagent, or other similar or related article, including a component part or accessory which is:
Product liability claims resulting from defective medical devices are based on one of the following theories:
As to liability for a defective medical device, plaintiffs must consider every party involved in the medical device’s chain of distribution, i.e., the path the medical device took from the manufacturer to the consumer. Potential defendants of a product liability claim based on a defective medical device include the following:
Powell Law’s attorneys maintain a special vigilance for products that may be dangerous to all consumers. If you have any questions about filing a claim for damages caused by a defective product, contact Powell Law. Our decades of experience make it the clear choice to meet your legal needs for representation in personal injury and products liability matters in the Scranton/Wilkes-Barre area. If you or a loved one has suffered any type of injury resulting from the use of a product, contact Powell Law today at (570) 961-0777. The consultation is FREE and you don’t pay a fee unless we win.