What to Do When You Have Received a Faulty Medical Device

Sometimes medical devices fail in patients due to design or manufacturing flaws. If a patient receives a defective medical device, suffers from a complication, and then hires an attorney to represent them, their attorney will most likely face a rigorous legal battle against the manufacturer over whether the device is truly “defective.” In most medical device litigations, the device manufacturer takes the position that, while their device may not be perfect, it is not defective. When faced with a lawsuit, device manufacturers almost always distract from their medical device’s defects by pointing the blame onto doctors, patients, and numerous other factors.  

The hernia mesh litigation is an example of an ongoing litigation where KBA attorneys is amid legal battles with several hernia mesh manufacturers. Some manufacturers have offered fair and reasonable settlements, while others continue to fight legal battles.

Hernia mesh is often used in surgeries to repair hernias. It is implanted in the abdomen, and the abdominal wall tissues are supposed to integrate into the device so that the abdominal muscle wall is reinforced and returns to normal strength. However, over the past 15 years, dozens of different creative hernia mesh devices have been cleared onto the market with very little research. Many of these devices contain unstudied gimmicks and are created to compete in a market of “quick selling” to doctors – promising ease of use and quick surgical deployment. The problem is that these gimmicky designs often fall short in terms of long-term safety and reliability. As a result, tens of thousands of patients have encountered injuries caused by hernia mesh products that have crumpled, burst, disintegrated, wadded up, infected, and/or adhered to internal organs. KBA attorneys believes that numerous hernia mesh designs suffer from serious design flaws, and that manufacturers have put profits over safety because they put too much emphasis in the quick sell, and too little resources into scientific studies.  Fortunately, there are steps you can take to protect your health and your legal rights.

In this blog, we will discuss the actions you can take if you’ve had a medical device such as a hernia mesh removed. We will also explain the potential legal options available to you, including how you might be able to file a claim against a medical device manufacturer. 

Consult with Your Doctor and Track Your Symptoms

After having a medical device such as a hernia mesh removed, your health is the top priority. Make sure you stay in close contact with your doctor to monitor your recovery. Follow all medical advice to ensure your body heals properly.

It’s also crucial to track your symptoms. Keep a journal of any pain, discomfort, or changes in your condition after surgery. This documentation can be useful for your medical team to ensure you’re healing well. It may also play a key role if you decide to pursue legal action later on.

Pictures or even short videos of your injuries and post-op recovery can also be helpful, as those can be helpful in the event your case has to go to trial. Often, leading a case up to trial can be a years-long process, and sometimes defendants will argue at trial that an injured person’s complications are not serious.  In these instances, pictures can be worth a thousand words.

If your medical device caused serious complications before it was removed, those problems could persist. Symptoms like chronic pain, infection, or difficulty moving may indicate ongoing issues. Be sure to report these problems to your doctor immediately. These complications might also be relevant in any legal case you pursue.

Know Your Legal Rights: Potential for a Lawsuit

When a medical device fails, the manufacturer may be held responsible. For example, many hernia mesh devices have been linked to serious complications, leading to recalls or warnings from regulatory agencies. If your medical device failed and caused you harm, you might be eligible to file a lawsuit.

A lawsuit can help you recover compensation for medical expenses, lost wages, pain, and suffering. This can be essential if you’ve experienced long-term health issues or required multiple surgeries because of the product. Legal action can also hold the manufacturer accountable for producing a faulty product.

When seeking representation from an attorney, not all attorneys think alike. Therefore, if an attorney declines to represent you, it is important to get opinions from other attorneys before giving up. Because time limits called “statutes of limitations” apply, you should not delay seeking opinions from attorneys. For example, KBA Attorneys has taken on numerous hernia mesh cases that other law firms have declined to take on.  Sometimes, though, we have had to turn away cases simply because the patient waited too long to contact our firm.  

Gather Medical Records and Evidence

If you are considering taking legal action, although this is not necessarily required, you can get a jumpstart on the process by gathering your relevant medical records so that you can easily present the case to the prospective attorney. In medical device cases, the essential medical records are 1) The hospital’s operative report and implant log for your device implant, 2) The hospital’s operative report for medical device removals, and 3) Medical records from the key doctors that treated you for your injuries.

You may also want to gather non-medical records evidence that can assist in proving up your case. This is where journal entries, photos, medical bills, and notes can also serve as helpful evidence.

One of the more complicated issues that plaintiffs in medical device cases face is whether or not to claim damages for lost wages.  Damages for lost wages or financial earnings can be claimed in a lawsuit if a significant amount of time or earnings was lost due to time off work caring for medical injuries related to the medical device failure. Plaintiffs must realize that, if they claim lost wages or lost financial earnings in a lawsuit, then in most cases they open the door to the manufacturer’s attorneys inquiring into your financial history, tax returns, and personal financial information. To strengthen a claim of lost wages and lost financial earnings, it may be important to gather evidence such as employee records, time records, and employer and doctor notes regarding time off of work.  

Speak with KBA Attorneys

If you have received a medical device and experienced complications, you may want to explore your legal options. KBA attorneys are actively investigating medical device cases, including hernia mesh cases. We are committed to holding defective medical device manufacturers accountable for producing faulty devices that harm patients.

It’s essential to act quickly. The longer you wait, the more likely time limits called statutes of limitations apply. KBA attorneys can review your case and determine if we can help you. If we can, we can help you gather evidence and guide you through the legal process. Contact us today.