Medical devices save lives every day. From pacemakers to hip implants, these products help millions of people live healthier lives. However, some medical devices fail to work as promised. When this happens, patients can suffer serious injuries or even death.
If a defective medical device has harmed you or a loved one, you may have legal options. South Carolina law allows injured patients to seek compensation from manufacturers who sell unsafe products. Understanding your rights is the first step toward recovery.
What Is a Defective Medical Device?
A defective medical device is any product used in healthcare that fails to work safely. These devices can include implants, monitors, surgical tools, and life-support equipment. The FDA monitors medical device safety through recalls and safety alerts. Despite this oversight, dangerous products still reach patients.
Medical device defects fall into three main categories. First, design defects exist when the product’s blueprint is inherently flawed. Even when built correctly, a poorly designed device can cause harm. Second, manufacturing defects occur during production. These happen when something goes wrong on the assembly line, creating a faulty product. Third, marketing defects involve a failure to warn users about known risks. Manufacturers must provide proper instructions and safety warnings to doctors and patients.
Common Types of Defective Medical Devices
Many different types of medical devices have caused patient injuries. Understanding these products can help you recognize if your health problems might be device-related.
Hip and Knee Implants
Joint replacement devices are among the most frequently recalled medical products. Metal-on-metal hip implants can release toxic particles into the body. These particles may cause metal poisoning, bone loss, and severe pain. Knee implants have also faced recalls due to early loosening and component failures.
Surgical Mesh Products
Hernia mesh and transvaginal mesh have been the subject of thousands of lawsuits. These devices can shrink, harden, or migrate after implantation. Patients often experience chronic pain, infection, and organ damage. The FDA has ordered some transvaginal mesh products off the market entirely.
Pacemakers and Defibrillators
Heart rhythm devices are critical for patients with cardiac conditions. When these devices malfunction, the consequences can be fatal. Battery failures, electrical problems, and software glitches have all led to device recalls. Patients may not receive needed therapy during a cardiac emergency.
IVC Filters
Inferior vena cava (IVC) filters are designed to catch blood clots. However, some filters break apart, migrate through the body, or perforate blood vessels. These complications can be life-threatening and may require emergency surgery.
Signs Your Medical Device May Be Defective
Recognizing a defective device early can help you get proper medical care and preserve your legal rights. Several warning signs may indicate a problem with your device.
Persistent pain near the implant site is often the first symptom. This pain may not improve with medication or physical therapy. Swelling and inflammation that does not go away can also signal device failure. Additionally, recurring infections around an implant may indicate contamination or material breakdown.
Changes in how a device functions should raise concerns. A pacemaker that delivers unexpected shocks or fails to respond properly needs immediate attention. Reduced mobility or grinding sensations in joint replacements may mean the device is wearing down prematurely. Your doctor should investigate any unusual symptoms promptly.
South Carolina Product Liability Law
South Carolina law protects consumers who are injured by defective products. Under strict liability rules, you do not have to prove the manufacturer was careless. Instead, you must show that the device was defective and that the defect caused your injuries.
The state gives you three years from the date of injury to file a claim. However, this deadline has an important exception for medical devices. The clock starts when you discover the injury, not when the device was implanted. Many device problems take months or years to appear. As a result, you may still have time to file even if your surgery happened long ago.
Multiple parties can be held responsible for a defective medical device. Manufacturers are the most common defendants in these cases. Distributors and retailers may also share liability. In some situations, healthcare providers who implanted or prescribed a device may be included in the claim. According to FindLaw, strict liability applies in product liability cases, meaning plaintiffs do not have to prove negligence.
Understanding FDA Medical Device Recalls
The FDA categorizes recalls based on the level of risk. Class I recalls are the most serious. These involve devices with a reasonable chance of causing serious health problems or death. Class II recalls address products that may cause temporary or reversible health issues. Class III recalls involve minor violations that are unlikely to harm patients.
Research published in the National Library of Medicine shows that thousands of medical devices were recalled between 2018 and 2022. These recalls affected millions of device units across the country. Terminating a recall takes a median of 24 months, leaving patients at risk during that time.
A recall does not guarantee compensation for injuries. However, it provides strong evidence that a device was defective. An experienced attorney can use recall information to strengthen your case.
Compensation for Medical Device Injuries
Victims of defective medical devices may recover several types of damages. Economic damages cover your financial losses. These include medical bills, hospital stays, corrective surgeries, and rehabilitation costs. Lost wages from time away from work are also recoverable.
Non-economic damages compensate for pain and suffering. Chronic pain, emotional distress, and reduced quality of life all have value. In severe cases where the manufacturer acted recklessly, punitive damages may be awarded. These damages punish wrongdoers and discourage future misconduct.
Settlement amounts vary widely based on the severity of injuries. Minor complications may result in smaller awards. Meanwhile, cases involving permanent disability, multiple surgeries, or wrongful death can reach millions of dollars.
Steps to Take After a Device Injury
Taking the right steps after discovering a device problem protects both your health and legal rights. Your actions in the days and weeks following an injury can significantly affect your case.
Seek medical attention immediately if you suspect device failure. Your doctor can evaluate your condition and document any problems. Make sure to request copies of all medical records related to your device. These records become critical evidence in any legal claim.
If the device is removed, do not throw it away. Keep the device and all packaging materials in a safe place. This physical evidence allows experts to examine the product for defects. Photographs of the device and your injuries can also support your case.
Contact a product liability attorney as soon as possible. Statutes of limitations can bar your claim if you wait too long. An attorney can investigate your case, identify all responsible parties, and guide you through the legal process.
Protecting Your Rights in South Carolina
Defective medical device cases are complex. Manufacturers have large legal teams and significant resources to fight claims. You deserve an attorney who understands product liability law and will fight for fair compensation.
At Klok Law Firm LLC, we help injured South Carolinians understand their legal options. Our team investigates device failures, works with medical experts, and builds strong cases against negligent manufacturers. We believe that companies should be held accountable when their products cause harm.
Do not wait to explore your legal rights. The statute of limitations could affect your ability to recover compensation. Contact us today for a consultation to discuss your case.
Contact Klok Law Firm Today
If a defective medical device has injured you or a family member, we are here to help. Call Klok Law Firm LLC at 843-701-1695 to schedule a consultation. You can also email us. Let us review your case and explain your options for seeking compensation.
You trusted a medical device to improve your health. When that device fails, you deserve answers and accountability. Contact Klok Law Firm LLC today to protect your rights under South Carolina law.