Medical devices are supposed to heal. When they fail, they can cause more harm than the condition they were meant to treat.
If a dangerous device has harmed you, you may have rights against the manufacturer and the providers who recommended and implanted it. The Philadelphia defective medical device attorneys at Morris Wilson Knepp Jacquette, P.C. can help you hold the responsible parties accountable for your losses and pain. Call us today to set up a free consultation with a highly skilled medical malpractice attorney in our Philadelphia office.
Why Choose Morris Wilson Knepp Jacquette, P.C. to Take On My Defective Medical Device Claim?
Defective medical device cases often involve two complicated areas of law: product liability and medical malpractice. Our firm practices both. We are a boutique Philadelphia-area firm built to handle complex injury claims and malpractice litigation, and our attorneys have earned a reputation as leaders in the field.
Here is what sets our firm apart in Philadelphia, PA:
- Proven results. Our partners have secured multi-million-dollar verdicts and settlements in serious injury and malpractice cases.
- Recognized reputation. The firm has been named a Best Law Firm by U.S. News & World Report, listed in Pennsylvania Super Lawyers, and featured in Forbes and Fortune.
- Boutique attention. We limit our caseload so every client works directly with experienced trial attorneys.
- Trial-ready advocacy. We prepare every case as if it will go to trial, which positions us to demand full value in settlement negotiations.
Reach out to our Philadelphia defective medical device attorneys today to learn more about how we can help you.
Is It Necessary to Hire an Attorney for a Product Defect or Medical Malpractice Claim?
You are not legally required to hire a Philadelphia hospital malpractice lawyer. In practice, these cases are nearly impossible to win without one. Device manufacturers are large corporations with experienced legal teams whose job is to pay you as little as possible. Hospitals and medical providers are similar in this regard.
- Investigate what went wrong and gather the device records, medical records, and recall history
- Identify every liable party, from the manufacturer and component makers to the hospital or implanting physician
- Determine whether your case is a product liability claim, a medical malpractice claim, or both
- Retain qualified medical and engineering experts to establish the defect and your injuries
- File a certificate of merit and meet every procedural requirement under Pennsylvania law
- Calculate the full value of your losses, including future surgeries and long-term care
- Handle all communication and negotiation with the manufacturer’s legal team and insurers
- Take your case to trial when the defense refuses to offer fair compensation
A defective medical device attorney manages these and other requirements so a single procedural misstep does not cost you your claim.
Overview of Defective Medical Device Cases
A defective device injury can give rise to a product liability claim, a medical malpractice claim, or both, depending on what went wrong and who was responsible.
A product liability claim targets the device itself and the company behind it. These claims generally fall into three categories:
- Manufacturing defects, if the device was made incorrectly
- Design defects, if the device was dangerous due to its design
- Failure to warn, if the maker did not adequately disclose known risks
A medical malpractice claim targets a provider whose negligence caused the harm, such as a surgeon who implanted the wrong device or used it improperly. Because prescription medical devices carry special rules under Pennsylvania law, these claims often turn on negligence and failure-to-warn theories (similar to informed consent).
Potentially liable parties include:
- The device manufacturer
- Component part makers and distributors
- The hospital or surgical center
- The physician who selected or implanted the device
If a medical device has injured you, call Morris Wilson Knepp Jacquette, P.C. at (610) 825-0500 for a free case review to determine your rights under medical malpractice and product defect law.
What Are Examples of Defective Medical Devices?
Many widely used devices have been the subject of recalls and lawsuits. Common examples include:
- Metal-on-metal hip implants that shed metal debris
- Transvaginal and hernia surgical mesh
- IVC blood clot filters that fracture or migrate
- Defective pacemakers, defibrillators, and cardiac leads
- Knee and other joint replacements
- Surgical staplers that malfunction
- Insulin pumps and other drug-delivery devices
- Recalled CPAP and BiPAP breathing machines
- Spinal cord stimulators
Many of these defective devices have become the subject of mass tort litigation and class actions. If you were injured by one of these devices or others, you may be entitled to compensation.
What Injuries Do Dangerous Medical Devices Cause to Philadelphia Patients?
A failing device can cause harm wherever it sits in the body. Patients frequently suffer:
- Organ perforation and internal bleeding
- Severe, chronic infection
- Metal poisoning, known as metallosis, from hip and joint implants
- Blood clots, stroke, or cardiac complications
- Device migration or fracture inside the body
- Nerve damage and chronic pain
- The need for one or more revision surgeries
Many of these injuries are permanent, and revision surgery often carries its own risks. The most serious cases can result in wrongful death.
What Compensation Can I Recover After Suffering Harm from a Medical Device?
Pennsylvania law allows an injured patient to recover the full range of losses tied to a defective device. Recoverable damages include:
- Past and future medical bills, including revision surgery and long-term care
- Lost wages
- Reduced earning capacity
- Pain/suffering
- Emotional distress
- Permanent disability or disfigurement
- Loss of consortium for a spouse
In cases involving especially reckless conduct, punitive damages may also be available. The best way to determine the damages you can recover is to consult with an experienced medication error attorney in Philadelphia.
Contact an Experienced Philadelphia Defective Medical Device Attorney for Help
You should not bear the cost of a manufacturer’s or provider’s failure. The team at Morris Wilson Knepp Jacquette, P.C. will uncover what went wrong and fight for the compensation you deserve from every party that contributed to your injury.
Call (610) 825-0500 today for a free consultation. We work on a contingency fee basis and only charge attorney fees if we win a settlement or verdict for you.