Medical Device Failures: How to File a Product Liability Claim

Medical devices are designed to improve our health and the quality of life; however, when they fail, the consequences can be devastating. Whether it’s a defective hip implant, a malfunctioning pacemaker, or a faulty surgical mesh, medical device failures can significantly worsen your health. Medical device failures can lead to serious injuries, additional surgeries, long-term complications, or even death.

At Bordas & Bordas, we have seen firsthand how defective medical products can impact individuals and their families. If you or a loved one has been harmed by a medical device, you may be entitled to compensation through a product liability claim.

Here’s what you need to know about your rights and how to take action.

What Is A Medical Device Product Liability Claim?

Product liability law holds manufacturers, distributors, and sometimes medical providers responsible when a defective product causes harm. In the case of medical devices, these claims generally fall into one of three categories:

• Design Defect – The device is inherently dangerous due to a flawed design.

• Manufacturing Defect – A mistake occurred during production, making the device unsafe.

• Failure to Warn – The manufacturer failed to provide adequate warnings or instructions for safe use.

Common Defective Medical Devices

Some devices more commonly involved in product liability lawsuits include:

• Hip and knee implants
• Transvaginal mesh
• Pacemakers and defibrillators
• IVC filters (used to prevent blood clots)
• Insulin pumps
• Breast implants
• Surgical tools or instruments that break during procedures

If a device like one of these has failed and caused injury, it’s worth exploring whether you have a valid legal claim.

Steps to Filing a Product Liability Claim

If you believe a medical device caused you harm, follow these key steps:

Seek Medical Attention

Your health is the top priority. Get evaluated by a medical professional who can assess the damage and provide proper care.

Preserve the Evidence

Keep the device (if possible), packaging, instructions, and any related medical records. These items can serve as crucial evidence.

Document Your Experience

Start a journal documenting symptoms, medical appointments, additional teams, and how your daily life has been affected.

Contact a Product Liability Attorney

An experienced attorney can review your case and help you navigate the legal process. At Bordas & Bordas, we offer free consultations to help you understand your options.

File a Lawsuit or Join a Mass Tort

Depending on your case, you may file an individual lawsuit or join a larger mass tort case involving the same device. Your attorney will help determine the best course of action.

Why Legal Representation Matters

Product liability cases involving medical devices are complex. Manufacturers often have powerful legal teams working to protect their bottom line. You need someone in your corner who understands the law and will fight for the compensation that you deserve, whether that means recovering medical expenses, lost wages, pain and suffering, or long-term disability costs.

At Bordas & Bordas, we have a strong track record of standing up to corporations and holding them accountable. We’re here to help you guide you through every step of the process.

Speak With an Experienced Product Liability Attorney Today

If you or a loved one has been injured by a defective medical device, don’t wait to take action. Contact us today for a free consultation and let our experienced product liability attorneys help you seek justice.