The Importance of Holding Manufacturers of Defective Medical Devices Liable
Pennsylvania has several laws that set forth that, under the strict liability concept, the person or company responsible for the manufacture or distribution of a defective product can be held liable for the resulting harm, whether they were aware of the defect or not. With strict liability, the burden of proof rests on the victim to prove that the defect is not only present but that the defect is responsible for the injury. In addition, it has to be established that the product was used in a way that was foreseeable by the manufacturer. You should seek guidance from your experienced Allentown personal injury lawyer for advice on your defective medical device case, as these types of claims can be complicated.How Defective Devices Escape Early Detection
The FDA is tasked with supervising every step of the medical device manufacturing process, and the manufacturers do not intend to fabricate defective devices. However, many medical products do not go through proper testing or quality control, and the designs of some products may not be appropriately researched prior to their getting to the market. It is in these circumstances we see products that actually hurt the patients instead of helping them. New medical devices and products must go through many years of clinical trials and laboratory testing before they are sold on the market. Even the most stringent testing is not infallible. While it is entirely possible that some of these products hit the market early due to conflicts of interest, there are plenty of products that are legitimately tested but found to be defective later on. There are also incidents where a new product will pass the FDA's stringent approval process and still prove to be ultimately defective. Once a large number of consumers become ill or injured by these products, legal complaints will start coming in, and an after-the-fact recall will be issued. Often these recalls are too little and too late, and the damage has been done.Medical Device Defects
If you suffer an injury due to a defective medical device, you deserve compensation from the manufacturer. In hospitals and clinics throughout the Commonwealth of Pennsylvania, doctors perform countless medical procedures and surgeries every day. It has been found that there are actually a large number of devices that are known to be defective in their manufacturing and capable of leaving the patient suffering harmful injuries or even death from them. Some examples of defective devices that have already caused significant damage to patients include components and materials that are used on a daily basis. These include:- Breast implants
- Defective knee replacement components
- Defective hernia mesh implants
- Defective hip replacement components
- IVC blood clot filters
- Pacemakers
- Stents used in cardiovascular and neurosurgery
- Surgical equipment
- Transvaginal or hernia mesh
Product Liability Categories
Pennsylvania law recognizes three types of strict liability lawsuits:Defect in Design Claims
In defect in design claims, the defect occurs when the design itself is flawed. Even if a product is carefully manufactured and meets the manufacturer's design standards, it may prove to be unreasonably dangerous to the patient. When this type of claim is brought, the patient needs to present the burden of proof that there was an alternative, cost-effective device design that would have prevented the injury the patient incurred.Defect in Manufacturing Claims

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