How to Know if You Qualify for a Defective Medical Device Lawsuit

When medical devices fail, they cause serious injuries. This is something the American public has been dealing with for generations. We trust these devices to help us, but negligence often leads to defects that cause us harm. Whether it’s a faulty hip implants or a malfunctioning pacemaker, defective medical devices can cause long-term complications, even at times causing death. If you or a loved one has suffered due to a medical device, you may be wondering if you qualify for a lawsuit.

What Is Considered a Defective Medical Device?

A defective medical device is any product intended for medical use that fails to perform as intended due to design flaws, manufacturing defects, or inadequate warnings. This failure can lead to injuries, complications, or the need for revision surgeries.

There are three primary categories of defects:

1. Design Defects

These occur when a medical device is inherently dangerous due to its design, even when manufactured properly. If a product is unreasonably risky as designed, it may qualify as defective. This could be a surgical mesh with a design that causes it to erode or migrate inside the body, even when implanted correctly.

2. Manufacturing Defects

These happen when an otherwise safe design is compromised during the production process. Faulty materials, contamination, or assembly errors can result in malfunctioning or dangerous products. One example would be a batch of hip implants that fracture due to improper forging techniques or materials.

3. Failure to Warn/Marketing Defects

Manufacturers have a duty to warn doctors and patients of all known risks. If they fail to disclose side effects or dangers, or provide misleading instructions, they can be held liable. For example, a birth control implant whose packaging omits serious risks of migration or blood clots.

What Types of Medical Devices Have Seen These Issues

Some of the most commonly litigated defective devices include:

Hip and knee implants (metal-on-metal designs, fracture-prone models)
Transvaginal mesh and pelvic mesh products
IVC filters (used to prevent blood clots)
Pacemakers and defibrillators
Hernia mesh implants
CPAP and BiPAP machines (linked to cancer risks)
Breast implants associated with lymphoma (BIA-ALCL)
Insulin pumps or infusion devices with faulty delivery mechanisms
Robotic surgical tools (e.g., da Vinci system malfunctions)
Port catheters

If you’ve used any of these and experienced health issues, it’s worth investigating whether you have a claim, so contact a defective device lawyer today.

What Makes a Defective Medical Device Case Viable?

Not every negative medical outcome leads to a lawsuit, but some very much do. A viable defective medical device case typically includes a combination of the following elements:

The Device Was Defective

You must show the device had a design, manufacturing, or labeling defect. Often, these are established through recalls, FDA warnings, internal memos, or expert analysis.

You Were Injured

There must be a clear link between your use of the device and a physical injury or complication. Pain alone isn’t enough; you need medical documentation of harm such as revision surgery, infection, organ damage, or long-term disability.

The Defect Caused Your Injury

You must prove causation, this would meant that that the defect itself was the direct cause of your injuries. This often requires medical testimony and review of your records.

Timely Filing

You must bring your case within your state’s statute of limitations, which varies by location and injury type. This is why it’s critical to speak with an attorney quickly.

How Do I Know If I Have a Case?

Here are some signs that you may qualify for a defective medical device lawsuit:

You Received a Recall Notice

If the manufacturer, FDA, or your doctor has contacted you about a recall, it means the product has known risks. This can help establish defectiveness.

You Needed a Revision Surgery

If you had to undergo additional surgery to remove, replace, or repair a device, that’s a major indicator of failure and legal liability.

You Experienced Unexpected Complications

If you experienced infection, blood clots, organ damage, chronic pain, allergic reactions, or other complications not fully disclosed by the manufacturer, your case may involve a failure to warn.

Others Have Filed Lawsuits for the Same Device

If your device has been linked to mass tort or multidistrict litigation (MDL), there may already be expert testimony, evidence, or settlements available.

You Used the Device Exactly as Instructed

If you followed your doctor’s orders and used the product as intended, you’ve fulfilled your duty. Any injury that happened is more likely due to the device, not user error.

What Damages Can I Recover?

A successful defective medical device lawsuit can help you recover compensation for:

Economic Damages

Hospital bills, surgeries, and prescriptions
Future medical care and rehabilitation
Lost wages and diminished earning capacity
Travel costs for treatment

Non-Economic Damages

Pain and suffering
Emotional distress
Loss of enjoyment of life
Disfigurement or disability

Punitive Damages

In some cases, you may also recover punitive damages, especially if the manufacturer knowingly hid risks or continued selling dangerous products.

What Should You Do If You Think You Have a Claim?

Gather Documentation

Start collecting all related documents:

Implant or device ID cards
Medical records and surgical reports
Photos of injuries or scarring
Any recall notices or manufacturer letters

Speak With an Experienced Attorney

Time is limited, and device manufacturers have powerful legal teams. You need a personal injury lawyer who understands product liability and medical device litigation, including class actions and mass torts.

At Constant Legal Group, we’ve taken on major pharmaceutical companies and medical device manufacturers to recover compensation for our clients. We know how these companies operate and how to fight back.

Do Not Sign Anything from the Manufacturer or Insurance

Don’t accept a settlement, sign a waiver, or provide a statement until you’ve consulted with legal counsel. You may be giving up your right to sue.

Let Us Help You Get the Justice You Deserve

We understand the toll a defective medical device can take—physically, emotionally, and financially. Our legal team will review your case for free, explain your rights, and help you pursue maximum compensation. You’ll never pay us unless we win your case. If you believe you’ve been harmed by a dangerous medical device, contact Constant Legal Group today for a free case evaluation.