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When serious health concerns escalate to the point where surgical intervention, the implantation of artificial joints, or the use of other medical products is required, patients have little choice but to put their faith in the manufacturers of such critical equipment. Unfortunately, in an alarming number of cases, residents of Winston-Salem suffer serious harm due to faulty, poorly designed, and negligently marketed healthcare tools.

If you or a loved one has experienced an injury in this manner, a Winston-Salem defective medical devices lawyer is prepared to seek justice on your behalf. Contact a dedicated injury attorney to begin your case today.

Risks of Defective Medical Devices

Most everyone who undergoes a surgical or another type of medical procedure understands there are inherent risks involved. This is particularly true when a synthetic medical product such as an artificial hip or knee joint, a catheter, a clot filter, or a pelvic mesh is implanted in the body.

However, a wide array of medical devices in recent years have been characterized by the unacceptable level of risk they present. Design flaws, manufacturing defects, and negligent or dishonest marketing practices have left patients vulnerable to painful injuries, lasting impairment, and the need for inconvenient and costly revision surgeries.

The FDA’s Role in Medical Device Oversight

The safety and quality of medical devices, surgical implants, and other healthcare tools are ostensibly regulated by the U.S. Food and Drug Administration (FDA). Among other things, the agency is responsible for clearing devices for introduction into the market and monitoring them for their long-term performance.

In some cases, though, serious problems with a product do not fully reveal themselves until several patients have been exposed to it. While recalls may be mandated under such circumstances, the harm to many individuals has unfortunately already occurred.

The FDA has also been the subject of heated criticism for its so-called “fast track” 510(k) clearance process, which allows certain types of medical devices for which there are already substantially equivalent products in the stream of commerce to reach the market on an expedited basis. As a result, devices cleared under this process may enter the market without the same level of safety and effectiveness testing required of other devices.

Plaintiffs in many medical device cases have alleged that the agency’s failure to engage in greater scrutiny of a range of products contributed to the harm they sustained.

Device Failure Lawsuits

The news in recent years has been rife with stories about defective medical device litigation, with several major manufacturers of commonly-used products agreeing to large-scale settlements with victims. Devices that have been the subject of such high-profile lawsuits include:

  • Arterial stents
  • Hip implants
  • Knee implants
  • IVC filters
  • DaVinci surgical robots
  • Transvaginal mesh
  • Power morcellators
  • Mirena IUDs
  • Insulin pumps
  • Heart defibrillators

Pursuing Compensation in a Medical Device Case

Defective medical devices can cause debilitating pain, mobility loss, the need for additional surgery, and sometimes even death. Therefore, it may be crucial for victims to enlist the aid of a Winston-Salem defective medical devices attorney who will fight to hold the manufacturers accountable.

In a successful lawsuit, a plaintiff may receive payment for medical bills, lost wages, pain and suffering, diminished earning capacity and other categories of damages resulting from the use of a faulty medical product. However, the time for seeking justice is strictly limited by N.C. Gen. Stat. §1-52, which affords plaintiffs three years from the date of injury or from the date on which the alleged harm should reasonably have been discovered.

Talk to a Winston-Salem Defective Medical Devices Attorney Today

The purpose of a medical device is to facilitate optimal healing, but improperly conceived, manufactured, or marketed products have the potential to cause exactly the opposite.

If you have been negatively impacted by a dangerous implant or another piece of healthcare equipment, a Winston-Salem defective medical devices lawyer could be just the help you need to kickstart your financial recovery.