Defective medical devices are recalled by the manufacturers or the FDA, oftentimes in an action undertaken by both. You can find out about medical device recalls on the FDA’s website and, in some instances, you may find out that you were affected by a medical device recall and did not know it. Fortunately, having that happen is a relatively rare situation. Because of the danger that medical devices can potentially pose to people, manufacturers and the FDA are generally very good at getting in touch with people who purchased these items.
Consumer vs. Professional
Some medical recalls only affect devices that doctors and nurses use. Most of the time, these medical recalls come and go without any real attention in the press, simply due to the fact that most people wouldn’t even know what the devices were, much less have one. In other cases, however, medical device recalls do end up affecting everyday consumers and those can be some of the most disturbing instances of all.
Among the most difficult medical device recall situations to deal with are those that involve implanted medical devices. Taking these devices out, of course, generally requires another surgery, which carries with it the risks presented by any other surgery. In some instances, such as when the CooperVision AVAIRA contact lenses were recalled, consumers are affected directly but the remedy is relatively simple: stop using the product and contact the manufacturer for a refund.
Expenses and Recalls
The worst recalls are those that end up affecting people’s health and causing them to have to deal with expensive medical bills as a result of the defective products. In these situations, lawsuits are sometimes filed over the defective medical device and the problems it caused.
Sometimes, these medical lawsuits will be bundled up into one class-action lawsuit that represents the plaintiffs in many different instances. In other cases, an individual’s situation is unique enough that they cannot be represented by class-action and they have to file a lawsuit on their own. Either way, there are ways to do this, even if you don’t have a lot of money.
Lawyers who work medical recall cases will oftentimes work on a contingency basis, which allows you to hire them without paying them up front. It also allows you to avoid having to pay them at all if they don’t win your claim. If you have a medical device that was recalled implanted in your body or you simply use a device that was recalled and suffered injuries because of it, contact an attorney.