The United States Food and Drug Administration (FDA) handles medical recalls all the time. There are two main ways they classify medical device recalls. Keeping up with these recalls might be able to help you avoid future harm. However, if you suffered injuries from a recalled medical device, you might be able to sue for significant compensation. Talking with an experienced Mississippi medical device lawyer can make this process easier.
Types of Medical Device Recalls
The two main types of medical device recalls, according to the FDA, are removal recalls and correction recalls. Removal recalls involve removing the defective medical device either from the medical center or store shelves. Correction recalls happen when the medical device is left in a medical center or store after repairs are made.
Defective medical devices tend to be removed from store shelves when a device defect exists in all versions on the device. This means the inherent design of the medical device is the cause of the problem. What this often involves is mass tort claims and massive removals of this product from all store shelves.
A medical device can still be sold in stores when the defect was an isolated incident. This means the defect likely happened during the manufacturing process. For this reason, the only product affected was the one that had the defect. A simple repair can often remedy the situation. When repairs cannot fix the issue, the medical device will be removed from the medical center.
However, this is not the only way defective medical devices are managed by the FDA. Simple adjustments to the device settings, program upgrades, and re-labeling the device may also be sufficient, depending on the issue. In milder cases, the FDA may simply monitor the patient using the suspected defective device, for any problems.
When Can I Sue for a Defective Medical Device?
You might be able to sue for a defective medical device when the device user knowingly failed to report the defect. Mandatory device reporting laws are required by the Safe Medical Device Act. Medical centers like nursing homes, hospitals, and clinics must report medical device-related deaths to the FDA. This may also mean reporting injuries and defects.
Depending on the circumstances, you might be able to sue your doctor or other healthcare professionals for failing to report a medical device error. This holds up if you can also prove this action caused your injuries. Try contacting a Jackson medical device lawyer to explore your legal options. A lawyer can help you collect the evidence you need and can defend your claim in court.
Medical Device Lawyer in Jackson
Filing a lawsuit against a company can be tricky when you are struggling to find evidence. All you have to do is contact the Germany Law Firm, PLLC by dialing (607) 487-0555 to speak with a Mississippi defective product attorney for a consultation today. Our dedicated team of lawyers can help you obtain compensation for your medical bills, pain and suffering, and lost wages. We can be found throughout Jackson, Madison, Gulfport, Oxford, and other cities in Mississippi.