Who Is Liable for a Defective Medical Device?

Dangerous Drugs & Medical Devices|Product Liability

March 3, 2025 | 5 min read

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Are defective medical devices really a threat in the United States? Absolutely yes. The Government Accountability Office reports that, over a 10-year study period, 1.7 million injuries and 83,000 deaths were attributed to defective medical devices, leading to substantial expenses and untold amounts of pain and suffering for victims. This makes establishing defective medical device liability essential if victims are to seek the type of compensation these injuries demand.

Defective medical device liability laws are complex. There are state-to-state variations on the statute of limitations, compensatory damage caps, and similar considerations that can easily be overlooked when your focus is on physical recovery. Having a defective medical device lawyer on your side is a good way to make sure your rights are protected, your options are kept open, and the full compensation you deserve is pursued.

Learn About Your Rights Under Defective Medical Device Liability Laws

To schedule a FREE and confidential consultation with one of our experienced attorneys, call Burg Simpson at 888-895-2080. A national law firm with offices in multiple states—including Arizona, Colorado, Ohio, and Wyoming—we accept defective medical device liability claims from all areas of the country.

Defective Medical Device Liability

Every year, the U.S. Food and Drug Administration receives millions of reports about injuries and deaths related to defective and dangerous medical devices. Not all of these turn out to be legitimate claims, but all reports to MedWatch are taken seriously, and many lead to product investigations and recalls. It is important to note, however, that defective medical device liability is not altered by the issuing of a recall. Companies can be held accountable for injuries even if they have made efforts to reduce future harm.

In the context of medical devices, a defect can arise from a variety of issues, including:

• Design Defects. Flaws in the initial design of the product that make it inherently unsafe or prone to failure.
• Manufacturing Defects. Errors during the production or assembly process that compromise the product’s safety or effectiveness.
• Marketing Defects. Inadequate instructions or warnings about potential side effects, risks, or proper usage that can lead to unsafe operation of the device.

A defective medical device can cause a range of adverse outcomes, including infection, internal injuries, allergic reactions, or even death. When a device you rely on for health fails to perform its intended function—or actively causes harm—it can create a lifetime of complications and expenses.

Who Can Be Held Liable for Defective Medical Device Injuries?

Defective medical device liability may fall to:

• Manufacturers for flaws in design or production
• Distributors for failure to handle the device appropriately
• Retailers and suppliers for selling faulty or mislabeled devices
• Healthcare providers for knowingly recommending a potentially dangerous device

Proving medical device liability is a complex and involved process. It will require an investigation into the product’s design, manufacturing process, regulatory approvals, and so much more. It is always in your best interests to hire an experienced medical device injury attorney who can properly investigate your claim, identify the liable parties, and fight for the full compensation you are due.

How Is Medical Device Liability Determined?

Medical device liability usually falls under product liability law. To establish a claim, you will need to prove:

1. The device was defective or unreasonably dangerous.
2. The defect caused your injury.
3. Your injury resulted in damages.

In many product liability cases, manufacturers are subject to “strict liability.” Under strict liability, you do not need to prove that a manufacturer was negligent, only that the device had a defect and the defect caused your injury. However, manufacturers and insurers are prepared for these types of cases and will aggressively defend their interests against claims. This makes it a good idea to have an experienced and proven defective medical device lawyer on your side as quickly as possible.

When to Call a Defective Medical Device Lawyer

You should consider reaching out to a defective medical device liability attorney right away if:

• You have experienced complications after receiving or using a medical device (like a knee or ankle replacement, hernia mesh, or pacemaker).
• Your device was recalled due to known defects (such as transvaginal mesh).
• You have incurred significant medical bills, lost wages, or other financial losses as a result of the device’s failure.
• You have been contacted by the device manufacturer or an insurance company offering a quick settlement or requesting information about your experience.
• You are unsure if you still have time to file a claim under the statute of limitations.

Most states require defective medical device claims to be brought within a few years, though some allow for more time. Others, however, allow for even less, making it important to talk to a lawyer before your time to take action runs out.

Medical device injury cases often involve complex evidence and multiple parties. By consulting with an attorney early on, you improve your chances of protecting your rights and pursuing a successful claim.

Burg Simpson Can Help With Your Defective Medical Device Liability Claim

Burg Simpson is a prestigious and award-winning national law firm with offices in multiple states. We have been helping victims of defective medical devices seek justice for over 45 years. With a track record of recovering more than $2 billion on behalf of our clients, we understand the intricacies of defective medical device liability and what it takes to hold the responsible parties accountable.

When you choose Burg Simpson, you will benefit from our:

• Personalized Approach. We work tirelessly to ensure your voice is heard and your rights are protected.
• National Reach. We serve all 50 states, leveraging our national platform and local knowledge to build compelling cases.
• Comprehensive Resources. From investigators to medical experts, we have the resources needed to thoroughly evaluate every aspect of your claim.
• Trial-Ready Approach. Our team never backs down from a fight. We are prepared to take your case to court if necessary.
• Proven Results. Our attorneys have secured numerous verdicts and settlements in complex product liability claims, helping victims secure fair compensation for their injuries.

Contact a Defective Medical Device Lawyer for FREE

If you suspect a defective medical device contributed to your injuries or the injuries of a loved one, reach out to Burg Simpson for a FREE case review today. Our experienced team can help you understand your rights, assess your damages, and provide the legal guidance you need to pursue maximum compensation.

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