The U.S. Food and Drug Administration (FDA) receives hundreds of thousands of reports each year about consumer injuries and deaths linked to defective medical devices. It also announces dozens of recalls of potentially dangerous products annually.
If you believe you’ve been harmed by a defective medical device, you may have grounds to file a product liability claim against its manufacturer. An experienced lawyer from Hardison & Cochran can guide you through the process and help you seek compensation. Here’s what to know about defective medical product lawsuits in North Carolina.
Understanding Product Liability
Product liability means that manufacturers, distributors, and sellers are responsible for any harm caused by their products. With medical devices, this responsibility includes ensuring safety and effectiveness.
If a device fails and causes injury in North Carolina, the victim may file a product liability claim against the manufacturer and other parties involved.
Types of Medical Device Defects
- Design defects: The device is unsafe by design. Even if made correctly, it poses risks. For example, a poorly designed implant could break inside the body and cause harm.
- Manufacturing defects: Errors occur during production, such as contamination or assembly mistakes. A bad batch of syringes, for example, could cause infections.
- Marketing defects (failure to warn): The manufacturer fails to provide clear instructions or warnings. Without proper guidelines, patients can misuse devices and suffer injuries.
Recent Examples of Defective Medical Devices
Two recent recalls show how widespread these issues can be:
Teleflex and Arrow International recalled certain intra-aortic balloon catheter kits due to defects that cause the balloon to twist and block inflation. Reported outcomes include blood loss, artery tearing, and even death. The recall followed 322 complaints, 31 injuries, and three deaths.
Hologic, Inc. recalled its BioZorb Marker after patients reported pain, infections, rash, and device migration. The recall was linked to 71 injuries and required additional surgeries in many cases.
Other Common Defective Devices
- Pacemakers
- Hip implants
- Insulin pumps
- Surgical mesh
- Defibrillators
- Breast implants
- Heart valves
- Dialysis machines
- Cochlear implants
- Stents
- Infusion pumps
- Oxygen concentrators
- IV tubing
- Blood glucose meters
- Ventilators
- Prosthetic limbs
- Hernia mesh
- Contact lenses
Defective devices can cause serious health problems — infections, pain, and even permanent disability. Some may require additional surgeries, leading to higher medical bills and emotional stress.
Filing a Product Liability Claim in North Carolina
To file a claim, you must prove three main points:
- The product was defective — in design, manufacture, or labeling.
- The defect existed before you received it.
- The defect directly caused your injury.
You have three years from the date of injury to file a lawsuit. If the defect is discovered later, the three-year window starts when you knew or should have known about it.
However, under North Carolina’s statute of repose, no claim can be filed more than 12 years after the product was first sold.
Proving a Defective Device Claim
Your lawyer will gather evidence such as medical records, expert testimony, and manufacturing documents to show that the defect existed before you used the device.
They’ll also use medical experts to connect your injury to the defect and explain complex findings to the court.
How a Product Liability Lawyer Can Help
An experienced defective medical device lawyer can help by:
- Gathering and preserving key evidence
- Investigating the product’s history and manufacturing process
- Working with medical experts to prove your claim
- Interviewing witnesses
- Calculating the full value of your losses
- Filing paperwork and meeting all deadlines
- Negotiating with insurance companies
- Representing you in court if needed
- Charging no fees unless compensation is recovered
Possible Compensation
A successful claim can provide compensation for:
- Past and future medical costs — including surgeries and ongoing care
- Lost income and reduced earning capacity
- Pain and suffering — physical and emotional distress caused by your injuries
Contact a North Carolina Product Liability Attorney
If you have suffered a defective medical device injury in North Carolina, contact Hardison & Cochran today to help you pursue compensation. Our team can help you understand your rights and handle the process of filing your product liability claim. Reach out to us now for a free initial consultation, and let’s work together to demand the compensation and accountability you deserve.
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