Medical devices are used by millions of people every day. They introduce such medical devices and products in their daily routine and count on them to maintain healthy and vibrant lives with the belief that such products are safe, present limited risk of adverse effects and outcomes, and the devices will actually perform as indicated. These assumptions also apply to prescription medications. After all, drugs that are promoted on the market should have been properly tested for safety and efficacy.
The reality is different, for many reasons. Being safe does not mean that the drug is harmless. The U.S. Food and Drug Administration defines “safe” as the preponderance of the benefits of the drug over the risks for the target population. Drugs like medical devices may have latent defects unknown or undisclosed upon receiving clearance from the FDA, leaving their users at the risk of causing serious injuries and long-term health problems.
A defective drug encompasses both drugs that present certain risks to the health of a consumer, as well as those that fail to provide adequate information and warnings regarding the risks, indications and counter-indications associated with the use of those drugs. Medical devices, on the other hand, may be defective due to design, or manufacturing considerations.
Such defective products may still make it to market for a number of reasons which can range sheer greed in the pursuit of profit by device and drug companies, who do not disclose adverse events associated with the drug or device, to public pressure to deliver miracle cures, and finally bureaucratic mismanagement. At the end of the day, it is the consumer that is at risk.
Liability for defective products and defective drugs and medical devices can be spread across many parties include the manufacturer of the product, as well as physicians and pharmacists. Liability can also attach to physicians for off-label use of drug and devices, which although legal may nevertheless be construed as negligent since physicians have a legal duty to explain to their patients the risks associated with a particular drug or device with off-label use. The pharmacist’s negligence results from mishandling prescription: incorrect drug, dosage, or instructions to the consumer.
Defective medical products can cause serious injuries and sometimes death. If you or someone you know has sustained injury or death as a result of these products, the personal injury attorneys of Goldberg Simpson may be able to hold liable those persons or businesses responsible for that injury or death.
Even the most informed consumer can fall victim to a defective drug or medical device. The personal injury attorneys at Goldberg Simpson have extensive experience in bringing claims against manufacturers, physicians, and pharmacists who negligently perform their duties to provide safe and effective drugs and products to medical patients.
Do not hesitate to call us. Discussing your case with an attorney who is experienced in the field of defective medical products ensures a thorough evaluation of your case, and if warranted, will help you or your loved ones receive appropriate compensation for any injuries or death resulting from the use of such products. In recent years, Goldberg Simpson’s personal injury attorneys have handled cases involving Vioxx®, Zimmer total knee replacements, Accutane®, DePuy hip replacements, and certain defibrillators. Furthermore, the personal injury attorneys of Goldberg Simpson have contacts nationwide with other law firms that specialize in the area of “mass torts” with whom they can coordinate their efforts to provide effective legal representation to their clients as warranted.