Can You Sue Manufacturers for Defective Medical Devices?

When you get a medical implant or device, you trust it to help you. But sometimes, that trust is broken. If defective medical devices cause harm, you have the right to take legal action. That can include suing the manufacturer.

What Counts as a Defective Medical Device?

Not every bad outcome means a medical device was defective. However, when the device itself is flawed, doesn’t work as promised, or lacks proper safety warnings, it opens the door to a legal claim for product liability.

Several types of device problems can make manufacturers legally liable, including:

• Design defects
• Manufacturing defects
• Failure-to-warn defects

All three are valid grounds for a product liability claim. A qualified lawyer can help determine which type of complaint applies in your situation.

Examples of Dangerous Devices

Defective medical devices are more common than you might think. The Food and Drug Administration (FDA) recalls hundreds of them each year. Some only cause minor harm. Others are life-altering or even fatal.

Here are some examples of defective devices that have led to lawsuits:

• Hip and knee replacements that wear out or break too soon
• Surgical mesh that erodes and causes infection
• Pacemakers or defibrillators that malfunction
• Insulin pumps that deliver the wrong dose
• IUDs that migrate or damage nearby tissue

If your device falls into one of these categories and causes you to become injured or ill, you have options. A defective medical device lawyer can check to see if others have filed similar claims or if a recall has been issued.

What Injuries Can Lead to a Lawsuit?

The impacts of medical device defects can vary widely. Some people may require surgery or other procedures. Others can be left with permanent damage. Either way, your injury must be serious enough to justify filing a claim.

Common medical device injuries include:

• Device breakage
• Infections
• Internal bleeding
• Nerve damage
• Mobility loss
• Long-term disability

These injuries can cause you to rack up huge medical bills and leave you unable to work or function normally. That's precisely why there are legal avenues that allow victims to seek compensation.

What Ohio Law Says About Your Right to Sue

If you’ve been harmed by a defective medical device, Ohio law gives you the right to take legal action. However, certain rules apply, and there are timelines you can’t afford to miss:

• You generally have two years from the date you were injured to file a claim
• You’ll need to show that the device had a defect, and that it directly caused your injury
• Because of the doctrine of strict liability, you don’t have to prove that the company acted negligently or knew the product was dangerous

Even if the manufacturer didn’t mean to cause harm, they can still be held liable if one of their products failed in a way that hurt you. A defective medical device attorney can analyze whether your case meets the necessary standard and move fast to protect your legal rights before the clock runs out.

The Manufacturer May Not Be the Only One to Blame

Your first thought is likely to sue the company that made the device. Depending on how the device got to you, however, more than one party could be legally responsible.

Here’s who your lawyer might investigate:

• The manufacturer
• Distributors or logistics companies
• Hospitals, clinics, or pharmacies
• Doctors or other care providers

You don’t have to guess who’s at fault — your attorney will dig into the details and make sure everyone involved is held accountable.

The Role of a Defective Medical Devices Lawyer

Defective medical device cases can be complex, especially when recalls, class action lawsuits, or multidistrict litigation are involved. A good lawyer can help cut through the noise.

Your attorney will focus on building your case by:

• Reviewing your medical records
• Consulting with experts
• Researching the device and similar products
• Identifying the type of defect at play
• Preparing for negotiation or trial

The goal isn’t just to get you money — it’s to help you make sense of what happened, hold the right people accountable, and give you a better chance at recovering physically, emotionally, and financially.

FAQ

What Types of Damages Can I Recover in a Defective Medical Product Case?

You can typically pursue damages for medical bills, future treatment needs, lost wages, and reduced earning capacity. Non-economic damages like pain, scarring, and mobility loss may also be included, depending on the circumstances.

Do I Have to Prove That the Manufacturer Was Negligent?

No. Ohio product liability law allows you to bring a case under strict liability, which means the focus is on whether the product was defective, not whether the company was negligent in harming you.

Can I Still Sue if a Medical Device Was Recalled?

Yes. A recall doesn’t eliminate your right to file a claim. In fact, it can help underscore that the product was dangerous and ultimately strengthen your case.

What if the Device Didn’t Fail Right Away?

Many issues take months or years to show up. You may still be able to sue, but it’s important to act quickly after discovering the problem to give yourself the best chance of success.

Is There a Difference Between a Defective Medical Device Attorney and a Medical Malpractice Lawyer?

Yes. Defective medical device lawyers focus on holding various parties accountable for unsafe medical products. Medical malpractice lawyers handle cases where a care provider’s actions harm their patients. Some claims may involve both elements — it just comes down to the needs of the client and the circumstances.

Don’t Face Your Defective Medical Product Claim Alone

You deserve answers and a clear path forward. The Moore Law Firm has helped countless individuals and families stand up to careless medical device manufacturers and navigate the legal process with confidence. Contact our team today for a free consultation.