Advances in technology and medicine over the last several decades have resulted in the average American living considerably longer and with a better quality of life than they did a few generations prior. Not so long ago, some injuries or illnesses meant certain death or permanent decreased quality of life; with modern medicine, most can now be treated and even cured in some cases. These same advances in technology also led to an increase in more sophisticated consumer products. Many of these advances have the potential to improve and save lives, but some defective devices do the opposite, and can actually harm patients and consumers – leading to serious injury or death.
Defective Devices Examples
There are many defective medical devices the FDA has issued warnings about or recalled, as well as a variety of consumer products deemed dangerous to the public. These include devices such as transvaginal mesh implants, faulty birth control devices, inferior vena cava (IVC) filters, Fisher-Price Rock ‘n Play, and many others. Two of the defective devices our firm specializes in are:
- JUUL Vaping Injuries – Electronic cigarettes (also known as e-cigarettes and vaping products) are designed to provide an alternative to smoking cigarettes. Contrary to claims they are safer than cigarettes, recent studies show e-cigarettes actually expose users to dangerous health risks, including an increased likelihood of developing bronchiolitis obliterans – more commonly referred to as “popcorn lung,” and other JUUL injuries.
- Hernia Mesh – For patients who have experienced a hernia, the pain can be excruciating and debilitating. Many hernia sufferers were told that a quick surgery with a hernia mesh implant would correct their hernias so they could return to normal life. Unfortunately, hernia mesh has proven to not only be ineffective, but incredibly dangerous because it causes serious and sometimes permanent complications and injuries.
- Defective Ventilators, BiPAP, and CPAP Machines – The U.S. Food and Drug Administration (FDA) is alerting people who use Philips Respironics ventilators, BiPAP, and CPAP machines and their healthcare providers that recalled certain such defective medical devices due to potential health risks. The polyester-based polyurethane (PE-PUR) sound abatement foam, which is used to reduce sound and vibration in these machines, may break down, potentially enter the device’s air pathway, and may be inhaled or swallowed by the person using the device.
- Benzene Sunscreen Recall – Many were recently shocked to find out that some of our nation’s most trusted brands were recalling extremely popular sunscreen products due to the identification of benzene, a cancer-causing toxin, contained in them. Benzene is a highly flammable and volatile chemical compound classified as a human carcinogen, which means it can potentially cause cancer depending upon the level and extent of exposure.
Defective Medical Device Lawsuits
Defective medical device lawsuits are covered under a law known as products liability that protects consumers from devices with design defects, manufacturing defects, or a failure by the manufacturer to properly warn the consumer of any hazards surrounding the device. Defective devices in the medical field are no exception, and these devices can cause 22,000 deaths each year according to the U.S. Consumer Product Safety Commission. When the law identifies a device as defective, a statute of limitations is often issued as well, meaning patients who were harmed by them only have a certain amount of time in which to file a claim.
Texas Defective Devices Law Firm
If you or someone you know received or used a defective device and has experienced unwanted complications or side effects, contact one of the expert attorneys at Dax F. Garza, P.C. to discuss your case at no charge. There is a limited time to act depending on the type of device.