A Guide for Patients Seriously Injured by Faulty Implants, Medical Devices, or Equipment

If you’ve been injured by a defective medical device—whether it’s a hip implant, a pacemaker, a surgical mesh, a pain pump, or anything else—you have the right to hold the manufacturer and many others in the healthcare system liable. You expected that the device has been tested, approved, and designed with your safety in mind. That trust was broken. 

Each year, thousands of people in the U.S. are seriously injured by defective or dangerous medical devices. At Constant Legal Group, we help injured patients understand their legal options and fight for the compensation they deserve. 

Here’s what you need to know if you think you may have a dangerous medical device claim. 

What Is a “Dangerous” or “Defective” Medical Device?

A medical device becomes dangerous when it malfunctions, breaks down, or causes harm, even when used correctly. Some devices are defective due to a poor design, others fail during the manufacturing process, and many lack proper warnings or instructions. 

Common examples of defective medical devices include: 

• Metal-on-metal hip replacements that wear down and release toxic particles 
• IVC filters that migrate or puncture internal organs 
• Surgical mesh implants that erode or cause infection 
• Pacemakers or defibrillators that malfunction 
• Insulin pumps that deliver incorrect doses 
• CPAP machines linked to cancer-causing materials 
• Breast implants associated with rare lymphomas (BIA-ALCL) 

If a device that was supposed to help you has instead caused new health issues, led to additional surgeries, or worsened your condition, you may have a case. 

When Should You Sue?

You may be eligible to file a lawsuit if the following are true: 

• You were implanted with or used a medical device. This could be a surgical implant, wearable device, diagnostic tool, or in-home treatment machine. 
• The device caused a serious injury or complication. This includes infections, chronic pain, internal damage, disability, revision surgery, or even wrongful death. 
• The device was defective or unreasonably dangerous 
• Your injury occurred within the legal time limit 

You don’t need to prove this on your own, and an experienced defective device lawyer will investigate whether the device has a known history of failure, is subject to FDA warnings or recalls, or was sold without adequate testing or warnings. 

Each state also has a statute of limitations, which limits how long you have to file a claim. This timeline often starts when you discover the injury, not necessarily when the device was implanted. 

If you’re unsure whether your situation qualifies, talk to a lawyer as soon as possible. Waiting too long can hurt your ability to sue. 

How Do You Prove the Device Was Defective?

Product liability lawsuits focus on proving one (or more) of the following: 

1. Design Defect: The device was dangerous by design, even when made and used correctly. 
2. Manufacturing Defect: Something went wrong during the production or assembly of your device, making it unsafe. 
3. Failure to Warn: The manufacturer didn’t warn doctors or patients about known risks, side effects, or how to avoid danger. 

Proving your case often requires medical records, expert testimony, internal documents from the manufacturer, and FDA reports. We will handle all of this for you and work with specialists to connect the device to your injury. 

What Should You Do If You Suspect a Device Caused Your Injury?

If you believe a medical device has caused you harm, here’s what you need to do: 

Preserve the device (if possible)

If the device has been removed, ask your doctor or hospital not to discard it. This could become key evidence in your case. 

Get medical treatment and follow-up care

Continue seeing your doctors and specialists to treat your symptoms. Be honest about what you’re feeling. Your medical records will be a critical part of your claim. 

Collect all documentation

This includes: 

• Device identification cards or implant details 
• Surgery reports and hospital records 
• Receipts, insurance claims, or out-of-pocket expenses 
• Any recall notices or letters from the manufacturer

Don’t talk to the manufacturer or their insurance company

They may contact you or offer a quick settlement but speaking with them or signing anything without legal representation could hurt your claim. 

Talk to a product liability attorney

An experienced law firm like Constant Legal Group can investigate your case, consult with medical experts, and help you decide whether to pursue a lawsuit. 

What Can You Recover in a Dangerous Medical Device Lawsuit?

If your case is successful, you may be entitled to compensation for: 

• Medical Expenses: Past and future treatment, surgeries, hospital stays, medications, and therapy. 
• Lost Wages: Income you lost while recovering, as well as long-term loss of earning ability. 
• Pain and Suffering: For the physical pain, emotional distress, and overall impact on your quality of life. 
• Disability or Disfigurement: If the injury led to a permanent disability, scarring, or loss of function. 
• Punitive Damages: In cases where the manufacturer acted with extreme negligence or concealed known risks. 

What to Expect from the Legal Process

At Constant Legal Group, we make the process easy and comfortable for you. What can you expect when you work with us? 

1. Free Consultation: We’ll listen to your story, review your medical history, and help determine if you have a valid case. 
2. Investigation: Our team will gather records, consult with expert witnesses, and evaluate whether the device was defective or improperly marketed. 
3. Filing the Lawsuit: We prepare and file your case in court, often as part of a mass tort or multi-district litigation (MDL), if others have been harmed by the same device. 
4. Settlement or Trial: Most cases settle out of court, but we prepare every case as if it will go to trial—because we’re committed to securing the best result for you. 
5. You Pay Nothing Unless We Win: We work on a contingency basis, which means you owe us nothing unless we successfully recover compensation for you. 

We’re Here to Help

You didn’t ask to be injured by a medical device. But you do have the right to stand up, be heard, and demand justice. At Constant Legal Group, we have deep experience in holding medical device manufacturers accountable. We understand the complexity of these cases and the real-life struggles our clients face. Let us help you take the next step toward healing and compensation. Contact us today for a free, confidential consultation.