Defective Medical Devices and Drugs
If you or a loved one suffered a serious injury or medical complication from a defective medical device or drug, contact FrancoLaw today. You might be entitled to compensation.
Pharmaceutical companies are required to perform safety tests, meet all quality standards, and provide adequate warnings of potential risks before placing their products on the market. If a patient or doctor does not know the possible adverse effects associated with a medical device or drug, they don’t have the ability to make an informed decision regarding treatment options or choosing a different product to protect oneself from injury or illness. Companies should be held liable for failing to adequately warn patients about the harmful effects of using their medical products.
At FrancoLaw, we have the experience and resources to stand up against drug manufacturers and hold them accountable for the harm they have caused. We can advocate for your rights and aggressively pursue the compensation you’re owed for your injuries, medical bills and other incurred costs. You should not have to suffer the consequences of someone else’s misconduct. Our legal team will dedicate time and attention to your case and work hard to achieve a favorable outcome.
For a free consultation to discuss the circumstances of your injury and determine the available legal options, call FrancoLaw today at (888) 213-0761.
Common Defective Medical Devices
Medical devices are necessary to treat medical conditions and thousands of devices are implanted in patients each year. If the devices don’t function properly, they can cause a patient to suffer serious harm or even death. A defect in the design, manufacturing, or marketing of the product could be why it isn’t safe for use. Negligent manufacturers can be held liable for a person’s product-related injuries if they released a defective device to the public or did not adequately warn physicians and patients of its side effects.
An inferior vena cava filter is a small metal device used in patients who are at risk of having a pulmonary embolism. The device traps blood clots to prevent them from traveling to the lungs or heart. A surgeon implants the filter in the inferior vena cava – a major vein in the body. The device expands and attaches to the wall of the vein to trap blood clots and allow normal blood flow around it.
Since their introduction, the FDA has received thousands of adverse event reports involving these filters. Types of reports include device migration, filter fracture, embolization (movement of the entire filter or fracture fragments to the heart or lungs), perforation of organs and difficulty removing the device. Defects in the device can lead to a range of issues that can cause serious and sometimes fatal injuries to the patient.
Metal Hip Implant
The faulty design in hip implants manufactured by Zimmer and Depuy causes the device to fail after implantation.
Problems commonly reported due to a defective hip implant include:
- Metal components deteriorate and erode thus releasing metal particles into the bloodstream and causing toxicity known as metallosis
- Migration of the implant from the original implantation site causing tissue damage
- Failure of the device requiring a revision surgery
- Damaged kidneys, brain, heart, and other organs
- Heart failure
Philips CPAP Devices
The continuous positive airway pressure (CPAP) machine is a device used to help people with sleep apnea breathe throughout the night. The CPAP devices made by Philips between 2009 and 2021 were voluntarily recalled because of foam liners used in the machines. According to the company, the polyurethane sound abatement foam used in the devices could break down into small particles and off-gas potentially carcinogenic chemicals into the device’s air pathway that the user can inhale or swallow. The FDA identified the Philips CPAP device recall as a Class 1, the agency’s most serious type of recall.
According to the FDA, swallowing or inhaling these particles or gasses can result in serious injury, which can be life-threatening, cause permanent impairment, and require medical intervention to prevent permanent damage.
Possible side effects and injuries caused by the defective Philips CPAP devices include:
- Lung damage
- Lung cancer
- Heart attack
- Organ damage
- Respiratory failure
- Pulmonary Fibrosis
Doctors will insert a transvaginal mesh to support the cervix, urethra, and rectum and hold them in place. The device can treat stress urinary incontinence and pelvic organ prolapse in women.
Defects in the design and manufacture of the mesh can lead to severe side effects, including:
- Urinary issues
- Vaginal scarring
- Eroding implant
- Severe pain
- Perforated bladder, bowels, and blood vessels
- Recurrence of pelvic organ prolapse or stress urinary incontinence
Paragard is a small, T-shaped plastic intrauterine device (IUD) that uses copper instead of hormones to prevent pregnancy. Doctors implant it into the uterus and it can prevent pregnancy for up to 10 years.
Many women have reported their Paragard break during removal leaving pieces of the IUD in their bodies which required surgery to remove the device and treat complications. These complications include:
- Perforation of the uterus or cervix
- IUD migration
- Inflammation and allergic reactions to IUD pieces left in the body
- Severe pain
If you are suffering from an injury or other dangerous side effects after having a medical device implanted, our firm can help you determine whether you have a case. You should reach out to us immediately to learn whether you qualify for a lawsuit against the manufacturer. We will be your advocate and fight by your side for the justice and compensation you deserve. For a free consultation to discuss the circumstances of your injury and determine the available legal options, call FrancoLaw today at (888) 213-0761.
Common Defective Drugs
Many people rely on prescription medications to treat or cure medical conditions. However, patients might not know that there are some risks associated with the prescribed medication. Often times, drug manufacturers will fail to disclose the full scope of potential dangers associated with the drugs they sell in order to maximize sales. Unfortunately, many drug companies place profits over safety.
Zantac (ranitidine) belongs to a group of drugs called histamine-2 blockers. It works by reducing the amount of acid your stomach produces and it used to treat heartburn, stomach ulcers, gastroesophageal reflux disease (GERD) and other conditions caused by too much stomach acid. The FDA recently found Zantac’s active ingredient ranitidine contained a cancer-causing impurity (NDMA) and ordered the manufacturers to withdraw Zantac made with ranitidine from the market because NDMA contamination can increase over time. People who have taken Zantac have reported a wide variety of cancers linked to the drug and NDMA. The types of cancers include:
- Bladder cancer
- Colon cancer
- Stomach cancer
- Liver cancer
- Kidney cancer
Other health conditions associated with Zantac use include Primary Pulmonary Hypertension and Crohn’s disease.
Elmiron (pentosan polysulfate sodium) is a prescription medicine used to treat bladder pain or discomfort associated with interstitial cystitis. Several medical studies have linked Elmiron to vision damage. Specifically, a rare type of maculopathy called pigmentary maculopathy. Maculopathy is a progressive retinal disease that could lead to blindness and there is no cure. One recent study from November 2020 published in Retinal Cases and Brief Reports suggests that patients may develop maculopathy from Elmiron years after stopping the drug.
The drug has been on the market since 1996; however, it has been alleged that the manufacturer knew about the risk of eye damage but failed to adequately warn the patients, physicians and the public. The FDA determined a warning was necessary to caution the public that pigmentary maculopathy has been found in patients taking Elmiron and the company updated the drug’s label in June 2020.
Proton Pump Inhibitors (PPI) – Nexium, Prevacid, Prilosec
Proton pump inhibitors, such as Prevacid, Prilosec, and Nexium, work by reducing acid in the user’s stomach to treat and manage ulcers, heartburn, gastroesophageal reflux disease (GERD), esophagitis, and other conditions caused by too much stomach acid. Researchers discovered that prolonged use of these medications can increase the risk of serious medical conditions, such as:
- Kidney damage
- Renal failure
- Chronic kidney disease
- Acute interstitial nephritis
Taxotere is a drug administered intravenously during chemotherapy. It’s commonly used to treat breast cancer but can also treat other forms of cancer, including prostate cancer, neck cancer, stomach cancer, and head cancer.
Although chemotherapy often causes patients to lose their hair, it eventually grows back. Using Taxotere increases the risk of developing alopecia or permanent hair loss. Alopecia isn’t life-threatening, but it can cause a range of psychological problems, including depression and anxiety.
The manufacturer didn’t adequately warn patients of these serious risks. Multiple studies have shown a possible link between these conditions and Taxotere. In December 2015, the FDA acknowledged there have been reports of permanent hair loss and baldness in chemotherapy patients treated with Taxotere. The agency’s announcement preceded a label change for the product, noting the possibility of permanent hair loss.
Product Liability – Three Types of Defects
Three main defects can lead to a dangerous product. If you suffer injuries from one of these defects, you could file a product liability lawsuit. This type of case holds manufacturers liable for injury and death caused by their negligence.
The three main types of product defects are:
- Design defect – A design defect happens during the designing, planning, or developing stage. It results from an error that creates an inherently dangerous product. Even if the consumer uses it as intended, they could still suffer injuries.
- Manufacturing defect – A flaw or error during the manufacturing process leads to a manufacturing defect. If the company chooses to use faulty materials or doesn’t meet quality standards, it could be held liable for injuries.
- Failure to warn – The manufacturer should always provide instructions on how to use the product and warning labels to inform consumers of risks they could face. Knowingly hiding potential dangers increases the users’ risk of injury.
State law allows legal action against a manufacturer or seller to pursue compensation for losses suffered due to an injury or death. As long as the medical device or drug contained a defect and caused you harm, you could hold the at-fault company liable.
Compensation Available in a Defective Drug or Medical Device Lawsuit
If you or a loved one suffered an injury or medical condition due to a defective medical device or drug, you may want to consider filing a lawsuit. The expenses you incurred should not be your financial responsibility.
The damages you can recover in a product liability lawsuit can include the following:
- Medical expenses
- Physical impairment or disfigurement
- Mental anguish
- Pain and suffering
- Lost wages
- Lost earning capacity
- Loss of household services
You might also be eligible to pursue exemplary damages. This award punishes the at-fault party for their misconduct instead of compensating the victim for their losses. You must provide clear and convincing evidence of the defendant’s malice, gross negligence, or fraud for a jury to award this type of damages.
Statute of Limitations
Defective drug and medical device lawsuits are product liability cases, and the statute of limitations is different in each state. Generally, these statutes run from two to 10 years. The majority of states have two-year statutes. In Texas, there is a two-year statute of limitations for tort cases.
Depending on the situation, the clock may start ticking either from the date of your injury or from the date you found out what caused or contributed to your injury.
In some cases, family members may file a wrongful death case for the loss of a loved one. In these instances, the statutes of limitations are generally shorter – most average two years.
Contact Us Today
FrancoLaw will remain by your side in the fight for justice. When you hire us, we can take on the responsibility for your case so you can focus on healing from your injury. You won’t feel burdened by the complex aspects of preparing and filing a lawsuit. You can depend on us to handle every step of the process on your behalf.
We understand the financial toll an injury can take. That is why we accept personal injury cases on a contingency fee basis which means our clients will not pay any attorney fees unless we obtain a financial recovery for them. We will work hard to secure the maximum compensation you deserve.
If you or a loved one suffered a serious injury or medical complication from a defective medical device or drug, call FrancoLaw today to discuss your legal options. You can discuss your case with us during a free consultation and receive the legal advice you need to make an informed decision about what to do next. Let us fight for you to hold the manufacturer accountable for your injuries and recover the compensation you deserve. Our firm is experienced in handling defective drug and medical device cases and we welcome any questions you may have. Call us now at (888) 213-0761 for a free consultation.