Defective Medical Devices

Device Injuries Change Lives

Medical devices are designed to help, not harm. Yet in California, patients sometimes suffer life-altering injuries from products meant to heal. If you or a loved one has been hurt by a defective medical device, you are not alone—and you have legal rights. Understanding your options under California product liability law is the first step toward recovery.

What Is a Defective Medical Device?

A “defective medical device” is any product used for medical treatment or diagnosis that fails due to poor design, manufacturing flaws, or inadequate warnings. Examples include faulty hip implants, malfunctioning pacemakers, or dangerous surgical mesh. These defects can cause pain, additional surgeries, or even permanent harm.

For more information about other types of product issues, visit Dangerous Drugs or Faulty Consumer Products.

Laws Protecting Californians

California has strong consumer protection laws. Under the state’s product liability rules, manufacturers, distributors, and sellers can be held responsible if a medical device injures someone due to:

• Design flaws
• Manufacturing errors
• Inadequate instructions or warnings

Federal law also plays a role. The Food and Drug Administration (FDA) oversees approval and recalls, but FDA clearance does not prevent victims from seeking justice under California law.

Learn more about Proving Manufacturer Liability in Medical Device Cases or How to File a Defective Medical Device Lawsuit.

Who Can Be Held Liable?

Responsibility may fall on:

• The device manufacturer
• Distributors and suppliers
• Hospitals or clinics that supplied the device

If a device was recalled or widely reported as unsafe, your claim may be stronger. Other Product Liability claims, like Defective Vehicle Parts, follow similar legal principles.

Action Plan: What to Do Next

If you suspect a medical device is causing harm:

• Keep the device and all packaging (if possible)
• Get copies of your medical records and device implant cards
• Document your symptoms and complications
• Follow all medical advice for your recovery
• Contact a California product liability attorney promptly

Timing matters. California law typically gives you two years from the date of injury to take legal action. For other medical-related claims, see Medical Malpractice or Medication Errors.

Know Your Damages

Victims of defective medical devices may seek compensation for:

• Medical bills (including revision surgeries)
• Lost income
• Pain and suffering
• Future care needs
• Disability or disfigurement

Sometimes, punitive damages are available if a manufacturer acted with extreme disregard for safety.

How Attain Law Can Help

Our attorneys understand the complexities of defective device cases. We carefully investigate each claim, consult with medical experts, and build a strong case for our clients. We also handle related product claims, such as Hazardous Toys and Malfunctioning Appliances.

Frequently Asked Questions About Defective Medical Devices

What counts as a defective medical device in California? A device is defective if it has a design flaw, manufacturing error, or lacks proper warnings, and causes harm as a result. Examples include faulty implants, pacemakers, or surgical mesh.

Who can I sue for a defective medical device injury? You may have a claim against the manufacturer, distributor, or medical provider who supplied the device, depending on how the defect occurred and who was responsible.

How long do I have to file a lawsuit for a defective device in California? Most cases must be filed within two years of the injury. However, there are exceptions, so speak to a lawyer as soon as possible.

Does an FDA recall guarantee my case will win? An FDA recall can help show a device was unsafe, but it does not guarantee success. Your case still depends on evidence of harm and liability under California law.

What damages can I recover in a defective medical device claim? Available damages may include medical bills, lost wages, pain and suffering, and related losses. Each case is unique, so discuss your situation with an attorney.

Reach Out for Help

If you believe a defective medical device has harmed you or someone you love, Attain Law is here to support you. Call (888) 970-8627 or contact us today for a free consultation.