Defective Medical Devices Injuries FAQs

Symptoms vary by device but may include sudden or worsening pain near the implant site, swelling, infection signs, difficulty with movement, device malfunctions like irregular heartbeat (for cardiac devices), breathing issues (for respiratory devices), or symptoms caused by device fragments migrating within the body.

Immediately seek medical care to diagnose and document your injury. Preserve any device components if possible, gather all medical and financial records, and contact a qualified defective medical device attorney before discussing your case with insurers or manufacturers.

The time you have is governed by your state’s statute of limitations, which ranges from 1 to 6 years from the date of injury or when the injury was discovered. Because timelines for medical device claims differ and can be complex, it’s important to consult with a medical device attorney promptly to protect your rights.

Yes. Your device does not need to be officially recalled for you to file a lawsuit. However, proving liability can be more challenging without a recall, as you will need to show that the device was defective, caused your injury, and that the manufacturer knew or should have known about the problem but failed to warn the public.

Liability commonly falls on the device manufacturer but may also extend to component suppliers, distributors, and, in some cases, healthcare providers or hospitals if medical negligence contributed to the injury. Shared liability claims are possible depending on case specifics.

Critical evidence includes medical records showing diagnosis and treatment, documentation of the device type and implantation, reports or proof of device failure or defect, expert testimony linking the device defect to your injuries, and evidence that the manufacturer knew (or should have known) about the risk and failed to warn consumers.

While many medical device lawsuits are individual claims, some cases proceed as multidistrict litigation (MDL) or class actions, especially when large groups of patients are affected by the same defect. MDLs allow similar cases to be consolidated for pretrial proceedings but preserve individual claims.

Yes. Many lawsuits accept claimants who had revision or corrective surgeries years after the initial implantation, especially if the surgery was necessitated by device failure or complications related to the device defect. The key is proving the revision surgery resulted from the device problems.

Several types of medical devices have been recalled due to serious safety concerns. Examples include metal-on-metal hip implants that caused metallosis, transvaginal mesh linked to chronic pain and injury, CPAP machines recalled for toxic foam particles, and IVC filters that fractured or migrated causing life-threatening complications. These recall cases often involve Class I recalls—the most serious FDA recall classification.

The FDA’s 510(k) clearance process allows many medical devices to enter the market without full clinical trials if they are substantially equivalent to a previously approved device. While this speeds up device availability, it can also result in inadequate safety testing, allowing defective devices to reach patients. Many recalled devices—like certain hip implants and mesh products—were cleared this way, leading to major lawsuits.

Compensation depends on your injury severity, medical expenses, lost income, pain and suffering, and whether punitive damages apply due to reckless corporate conduct. Settlements in hip implant lawsuits have ranged from $125,000 to $300,000 on average per claimant, but every case is unique.

Wisner Baum has recovered billions for clients harmed by defective medical devices. Our attorneys offer free consultations and only charge fees if we win your case. If you have questions or believe you were injured by a medical device, contact Wisner Baum—your case deserves the attention of a nationally respected injury law firm.