Defective Products & Product Liability Lawyers in Delaware

When people need medical help after being injured or they suffer from a disease or illness, we trust that the doctors and medical professionals helping us, utilize quality products for our treatment or surgery. 

Unfortunately, many companies rush out new devices to market before they can conduct successful clinical trials and adequately evaluate their safety. It can result in additional complications to your condition or lead to negligence or personal injury.

At the Law Offices of Mary Higgins, LLC, we represent those who have suffered a severe personal injury due to the negligence of another. 

It rings true for cases against companies, manufacturers, and distributors of defective medical devices and products. 

A defective medical product or those products that can be considered dangerous can result in a lawsuit. These cases require detailed medical records and extensive knowledge from a seasoned attorney. Our legal team of attorneys can guide you through this process and ensure that you and your family get justice and accurate compensation for your pain and suffering.

What is a Defective Medical Product?

Medical devices are created to diagnose, prevent, and treat various diseases and injuries. However, when these products are defective, they can put your life in danger. 

Medical Devices

Medical devices include various products, from tongue depressors and surgical robots to hip implants and surgical mesh. 

Unfortunately, medical devices don’t undergo the same rigorous testing as drugs. More often than not, new devices are only tested in humans after they are used in patients.

What must you prove for a product liability claim?

When it comes to medical devices, one must prove that the defect occurred in one or more of these phases:

• Medical Product Design: The product’s design is unsafe to use for its intended purpose or reasonably anticipated uses or is unacceptably dangerous.

• Device Manufacturing: Many aspects of the manufacturing process may lead to a defective medical device. It can include human error, faulty gears, broken or aging machinery, and other factors.

• Product Marketing: The manufacturing company’s representatives are responsible for correctly marketing the device, which involves clearly stating how the device is meant to be used and how it could be misused and lead to injury. Suppose the marketing efforts strived to properly educate physicians, hospitals, and other medical providers about the device. In that case, the company could be held accountable for failing to warn consumers and the medical professionals of the possible risks associated with the product.

A minor defect doesn’t condone a medical device is unreasonably dangerous. Instead, the product defect must have caused significant patient harm that results in a defective medical device claim. Sadly, defective medical devices may lead to severe injuries and, in some cases, a wrongful death claim as well.  

Filing a Defective Medical Product Claim

Filing a defective medical product claim requires tremendous proof of your injuries and that the product manufacturer was negligent. A great example is that negligence may involve a breach of duty in that the company failed to warn you or your physician of the risks associated with the product. In addition, it is mandatory to prove that the negligence directly led to your injuries or the wrongful death of someone you love, and the damages warrant compensation.

Commonly, the makers of a medical device and products usually employ multiple attorneys to ensure they aren’t sued or prevent the company from losing in court. Therefore, it’s vital to the outcome of your case to consult with a seasoned product liability attorney about your case. Our lawyers in Newark and Dover, Delaware, specializing in these claims, can help you obtain the necessary evidence to prove the medical product caused injury to you or someone you love.

When you seek compensation against a high-powered adversary such as a medical device or product manufacturer, hiring a law firm with essential experience and expertise is mandatory to go after your case with the maximal chance of success. 

There is never a guarantee we will win your case. Know our legal team will work hard to obtain the best possible outcome. Our firm has a reputation for aggressive and effective representation. This can be observed from our verdicts and settlements, the positive results for our previous clients. 

What are Some of the Most Common Defective Products?

Defective Medtronic Defibrillator Leads 

A defibrillator is a device that monitors a person’s heartbeat and keeps it regular. For the heart to circulate blood effectively throughout the body, it must pump vigorously and regularly. Still, in some cases of heart disease, the heart can go into ventricular defibrillation. This emergency happens when pumping too rapidly or ineffectively impairs blood circulation, putting the patient’s life at risk.

Transvaginal Mesh Complications

The transvaginal mesh can be considered a safety net designed to support pelvic organs that have dropped or slipped out of place, causing discomfort or dysfunction. Unfortunately, manufacturers should have detailed transvaginal mesh before approving it for these indications. Unfortunately, manufacturers took advantage of a regulatory loophole to take a shortcut to approval.

There is a high rate of complications for the transvaginal mesh when used for POP, including increased risk for:

• Additional surgeries

• Damage to organs

• Vaginal erosion

• Exposure of the mesh

• Pain in the abdomen or vagina 

• Intercourse that results in pain

• Unexplainable infections

• Loss of skin and tissue in the treatment area

When you experience these complications, you may undergo multiple surgeries but never see the same improvement you might have seen with traditional surgery. In addition, due to the transvaginal mesh, you can have pain and dysfunction for the rest of your life.

Defective IVC Filters

The Inferior Vena Cava (IVC) is the primary vein that moves blood from your lower body to your heart. An IVC filter is a wire device placed into the IVC vein in patients at an increased risk for pulmonary embolism. The IVC filter prevents blood clots from reaching the brain, heart, or lungs. In addition, the filter stops blood clots in the bloodstream, which allows them to degrade over time.

When used on the right patient, an IVC filter can significantly reduce the risk of pulmonary embolism. Therefore, the FDA now advises temporarily using the device for those who have not responded to anticoagulant medications. Or the person isn’t eligible to take anticoagulants due to another medical issue or condition. Additionally, the FDA recommends that patients with an IVC filter talk with their medical practitioner to evaluate if the medical device should be taken out.

The FDA hasn’t issued a recall for the defective medical product. Still, they have compiled a guide to assist patients and the medical professionals in better understanding when an IVC filter is needed and when it poses a greater risk than benefit.

What are the most significant and most serious risks associated with IVC filters?

• The potential of it breaking apart causes organ damage. 

• Migration from their targeted area

• A Pulmonary embolism

• A Stroke

• Hemorrhage

• Death

Drugs & Devices

Although we have made a positive stride in our scientific advances in the pharmaceutical and medical device industries, which have revolutionized the lives of many Americans, it is sad to report that federal regulators receive thousands of monthly incidents detailing how drugs and devices have failed or injured people. 

Most Americans trust our healthcare system and believe in the doctors caring for us. Because of scientific innovation, we have easy access to life-changing and lifesaving drugs and medical devices.

Sometimes, medications and devices do not undergo the proper amount of testing or scrutiny as they should, and the same products designed to help us end up causing harm.

Prescription Drugs

According to the Centers for Disease Control and Prevention, almost half of Americans take one or more prescription medications.

The U.S. Food and Drug Administration, which regulates medicines, contends that we have one of the safest drug supply chains in the world. But all medications carry risks; some drugs can be downright dangerous or even deadly.

Before going on the market, new drugs must pass three rounds of human testing. But those clinical trials often involve a small number of people. As a result, serious side effects may not appear in these trials. In addition, complications may not be revealed until hundreds of thousands or even millions of people routinely take the new medicines for several years.

Drug Recalls

When the FDA identifies a new potential risk related to a drug, it issues a safety announcement. In addition, it requires recent warnings to be added to the drug’s prescribing information and patient medication guides.

But if a drug’s risks outweigh its benefits, it may be pulled off the market. Then, either a drug company or the FDA may initiate a drug recall.

What are Some Common Reasons for a Recall?

• Contamination
• Mislabeling
• Adverse reaction
• Defective product
• Incorrect potency

The FDA’s three-drug recall classifications include:

Class I Recall

Class I is the most severe type of recall. It applies to dangerous or defective drugs that could result in serious health problems or death.

Class II Recall

Class II applies to a drug that may cause temporary or reversible health problems or pose a “slight threat of a serious nature.”

Class III Recall

 Class III is a minor category of recalls if the product violates FDA labeling or manufacturing laws but is unlikely, not likely to cause adverse health problems.

 Although most recalls are publicized through the news media, the FDA provides all recalls online in weekly enforcement reports. The reports include the name of the drug, the classification of the recall, and the reason for the recall. In addition, the general public is typically notified of the recall if the drug is widely distributed or poses a serious health hazard.

How Can You Reduce Your Risks?

 A crucial step is to speak with your doctor before taking medications or undergoing surgeries to assess if the benefits outweigh the risks. In addition, it is a perfect idea to reach out and obtain another medical physician’s opinion.

Make sure your physician is aware of your medical history when it comes to medications. In addition, they should be mindful of any other medicines they take. Also, make sure to let your medical professionals know of any over-the-counter drugs you take, as well as vitamins and supplements.

What Other Suggestions Does the U.S. News and World Report offer for reducing your risk?

• Read medication labels and familiarize yourself with all possible side effects.

• Let your healthcare worker know of any new symptoms that develop after you start taking a medication.

• If you think a medication makes you feel sick or has abnormal side effects, ask your doctor about alternatives.
• Explore with your doctor to see if there is a way to reduce the number of medications you take.

The Law Office of Mary Higgins, LLC understands the extent of damage that can result from defective products, which is why we take every possible action to recover the compensation you or a loved one deserves.

We have the experience and resources to help you with your case. When you need help obtaining compensation, trust the attorneys at our law firm in Newark and Dover, Delaware, to get you the results you deserve. 

Few Delaware resources exist to help consumers fight against illegal pressure and harassment from creditors and debt collectors. Through defending these cases, we often observe abusive collections practices with personal injury clients (in addition to the insurance hassles/fights that transpire in many personal injury cases). Our law firm has this extra experience to add to the years of personal injury cases we have won.