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When a medical device fails to work properly the results can be catastrophic, causing severe injuries or even death. If you or a loved one has suffered an injury in Oklahoma that was caused by defective medical devices, you need legal professionals on your side to help you obtain the compensation to which you are entitled. At Clark & Mitchell P.C., our Oklahoma Medical Malpractice Attorney have experience litigating these complex cases and will help you to achieve the best possible results for your case.
Defective medical devices may include pacemakers, defibrillators, stents, implants, rods and prosthetic, as well as diagnostic equipment such as dialysis machines. These devices, if defective, may cause injury or even death. In some cases, additional surgery may be needed to fix or replace the defective equipment. For instance, if a device such as a pacemaker or stent is found to be defective after it has been surgically inserted, another surgery may be required to remove the device. Depending on the circumstances, this second procedure may put the patient at a greater risk since the rate of success for a second surgery may be significantly lower than the first. In most product liability cases handled at our Oklahoma firm where defective medical devices are involved, the manufacturer is held liable for all injuries resulting from the product’s defects. However, in some cases, the seller or distributors of a product may be held liable as well.
How Do Defective Devices Obtain FDA Approval?
Medical devices are regulated by the Food and Drug Administration’s Center for Devices and Radiological Health (CDRH). Each device must pass a series of rigorous tests and meet specific requirements and safety standards before being released to the public. However, even after a device has met regulations and been deemed safe, new dangers or defects may later be realized when the product is used outside the testing and research environment.
In some cases, companies will become aware of a defect in their product during the testing process, but will bury the evidence inside a massive approval application in order to get the product FDA approved. Such companies are more concerned with losing their place in the market than they are with the health and safety of consumers. However, these manufacturers can be held liable for any injuries that result if their product is deemed defective, and if the defects are severe enough, the product may be recalled from the market. At Clark & Mitchell P.C., we can fight on your behalf to hold the manufacturers accountable and help you obtain the compensation you deserve.
Do You Have a Product Liability Case?
In cases involving medical devices, the manufacturer, distributor, or seller of a defective product may be responsible for a patient’s medical bills as well as pain and suffering that resulted from the injury. Unfortunately, some devices are exempted from claims by federal law. If you or a loved one has suffered in Oklahoma as a result of defective medical devices, contact us at Clark & Mitchell P.C. today. We will review the details of your claim to determine whether or not you have a case.