Recalled Products and Defective Device Questions

What is a product recall?

A product recall is initiated when a problem with a device violates laws associated with the Food and Drug Administration (FDA). Recalls occur when a device is defective and/or poses a risk to your heath and safety. A medical device recall does not necessarily mean that you must stop using the product, or return it to the store or manufacturer.

A product recall can mean the device must be fixed or done away with. If you have a medical device implanted in your body, such as an artificial hip, this product does not always have to be removed if it becomes recalled. If your implanted device can potentially fail, the manufacturer will often ask doctors and nurses to discuss with patients the risk of removing the device compared to leaving it in place and facing an unexpected failure.

What are some reasons that a product may be recalled?

Common reasons for a product recall include:

  • When a device needs repairs
  • When inspection are required
  • The settings need to be adjusted
  • The device needs new labels or warnings
  • The device is completely faulty and must be destroyed
  • Patients must be notified of a potential problem
  • Patients are currently being monitored for health risks associated with the produce

 

Recalls fall into two categories: corrections and removals. A correction addresses a problem with a device where it is used or sold. Removal addresses an issue by removing it from where it is sold and used.

Who is at risk of receiving a defective device?

If you are using a medical device that has been deemed defective, you could suffer from a number of complications, or you may not suffer at all. Risks associated with defective medical devices include pain, infection or device failure in cases of implanted devices, such as a pacemaker or pain pump.

What types of damages can I collect from a defective device?

You may be able to collect compensation for money losses, which includes a loss of past wages and the inability to earn future income. You may also be eligible for subjective losses, which include emotional trauma, pain and suffering, and loss of companionship. Punitive damages may also be awarded. A punitive damage is issued with the intention of punishing a negligent device manufacturer when an injury was intentional or caused by reckless behavior.
What to Do If You Have Suffered an Injury from a Recalled Product

If you or someone you love has been hurt by a defective device or has been impacted by a product recall, please contact the attorneys at The Cochran Firm today. We serve clients in cities throughout the United States, and we can win you the damages you deserve.