LEGALLY REVIEWED BY:
Callahan & Blaine
January 26, 2025

Patients in California trust in the healthcare community to offer safe and effective treatments, which sometimes come in the form of medical devices. However, defective devices can cause significant harm, and one such device, known as transvaginal mesh, has been shown to cause serious injuries to women undergoing the procedure. At Callahan & Blain,e we’ve seen firsthand the damage that can result from defective medical devices, from the need for further surgery to loss of life in severe cases.

Transvaginal mesh is intended to treat incontinence and pelvic prolapse in women. Because the design of this device is similar to the mesh used in the treatment of abdominal hernias, the manufacturer was not obligated to submit to the comprehensive testing that would occur with new medical devices. As a result, many patients undergoing this treatment have experienced a range of significant side effects. A defective device can result from design flaws or manufacturing issues.

The U.S. Food and Drug Administration has collected numerous reports of injuries related to the implantation of transvaginal mesh. These include painful or difficult intercourse, problems with urination, and scarring. In addition, transvaginal mesh may also erode into internal organs and subsequently cause perforation. Bouts of internal bleeding may occur as a result of this perforation, along with a greater risk of infection. These patient injuries can range from minor discomfort to severe health complications.

Upon review of these adverse event reports, the FDA alerted medical professionals of the risk of these medical devices. One recommendation involved looking for alternate treatments when at all possible, as research shows that transvaginal mesh offers no obvious benefits over other treatments. The FDA also urged doctors to properly inform patients of all applicable risks should they undergo this procedure.

Understanding Defective Medical Devices

Defective medical devices are products that fail to perform as intended, posing a risk to patients’ health and well-being. These devices can be faulty due to design flaws, manufacturing errors, or inadequate instructions for use. Examples of defective medical devices include malfunctioning insulin pumps, faulty pacemakers, and surgical implants that cause adverse reactions.

Medical device manufacturers have a responsibility to ensure their products are safe and effective for their intended use. However, despite rigorous testing and regulatory oversight, defective medical devices can still enter the market, putting patients at risk of serious harm. The potential risks associated with these devices underscore the importance of vigilance and accountability in the medical device industry.

Definition and Examples

The Impact of Defective Medical Devices

Defective medical devices can have a significant impact on patients’ lives, causing physical, emotional, and financial distress. In some cases, a faulty device can lead to improper treatment, exacerbating a patient’s condition or even causing life-threatening complications. The consequences of a defective medical device can be devastating, resulting in prolonged hospital stays, additional surgeries, and a lifetime of medical expenses.

Moreover, the emotional toll of a defective medical device can be substantial, affecting not only the individual but also their loved ones. Patients may experience anxiety, depression, and a loss of trust in the medical system. It is essential to seek support and guidance from medical professionals and legal experts to navigate these challenges and pursue financial compensation for the harm caused.

Regulatory Oversight and Recalls

FDA Regulation of Medical Devices

The U.S. Food and Drug Administration (FDA) plays a crucial role in regulating medical devices, ensuring they meet strict safety and efficacy standards. The FDA classifies medical devices into three categories: Class 1, Class 2, and Class 3, with Class 3 devices being the most complex and invasive.

Despite FDA regulation, medical device recalls are not uncommon. A recall can be initiated by the manufacturer or ordered by the FDA, and it serves as a critical step in protecting patients from potential harm. When a medical device is recalled, the manufacturer must communicate the recall to the medical community and the public, providing clear instructions on the necessary actions.

In addition to FDA regulation, medical device manufacturers must also adhere to industry standards and guidelines, such as those set by the International Organization for Standardization (ISO). These standards help ensure that medical devices are designed, manufactured, and tested to meet the highest levels of quality and safety.

By understanding the complexities of defective medical devices, patients and families can better navigate the legal landscape and seek justice and compensation for their injuries. It is essential to consult with experienced attorneys who specialize in medical device litigation to ensure that victims receive the support and guidance they need to move forward.

Contact the Defective Medical Device Lawyers at Callahan & Blaine

At Callahan & Blaine, we have a deep understanding of the profound impact defective medical devices can have on patients and their families. With over 40 years of trial experience, our attorneys have successfully represented clients in cases involving defective products like transvaginal mesh. From design flaws to inadequate testing, we hold manufacturers accountable for the harm their products cause.

If you or someone you know has suffered due to a defective medical device, we may be able to help you pursue compensation for medical expenses, pain, and other damages. Contact us today at (714) 241-4444 or through our online form to learn more about your legal options.

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Legally reviewed by:
Callahan & Blaine
January 26, 2025

Callahan & Blaine, established in 1984, is a leading litigation firm with a legacy of delivering exceptional results for our clients. With over 700 years of combined trial experience and a proven track record of more than $1 billion in verdicts and settlements, our team of highly recognized attorneys specialize in handling complex and high-stakes civil cases with unparalleled efficiency and skill.

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