How to File a Defective Medical Device Lawsuit

Understanding Medical Device Injuries

If you or a loved one have suffered harm from a faulty medical device in California, you may feel overwhelmed and uncertain about what steps to take next. Medical devices are intended to improve your health, but when they malfunction or are defectively designed, the consequences can be devastating. California law empowers you to seek accountability and compensation for injuries caused by defective products. Below, you’ll find guidance on how to begin this process, your legal rights, and how Attain Law can help you move forward.

Early action is key. California patients impacted by dangerous drugs or defective products, such as malfunctioning appliances, face similar legal challenges. You can read more about holding manufacturers accountable on our dangerous drugs and faulty consumer products pages.

What Is a Defective Medical Device?

A medical device is considered “defective” if it has a flaw in its design, manufacture, or labeling that creates a risk of injury. Defects may include:

• Faulty hip or knee implants
• Pacemakers that fail or shock unexpectedly
• Defibrillators with battery or wiring issues
• Surgical mesh that erodes tissue
• Inaccurate diagnostic equipment

California’s product liability laws address these situations, alongside injuries from hazardous toys or defective vehicle parts.

Key California Laws That Apply

California law holds medical device manufacturers strictly liable for injuries caused by their products, even if the company was not negligent. Relevant laws and regulations include:

• California Civil Code Section 1714.45 (product liability)
• FDA oversight for device approval and recalls
• Proposition 65 for hazardous materials warnings

You can explore broader protections and compare them with personal injury or lemon law rights.

Who Is Responsible for Device Injuries?

Liability may extend to several parties:

• Medical device manufacturers
• Distributors and suppliers
• Hospitals or clinics (if improper use)
• Surgeons or medical professionals (if implanted incorrectly)

In some cases, responsibility overlaps with medical malpractice, especially when medication errors or surgical mistakes contribute to harm.

Steps to Take After a Device Injury

Act quickly if you suspect a device caused your injury. Here’s what you should do:

1. Seek Immediate Medical Care: Your health comes first.
2. Preserve the Device: If possible, keep the defective device (or its packaging).
3. Document Your Injuries: Take photos and keep a journal of symptoms.
4. Collect Medical Records: Gather all reports about the device and your treatment.
5. Report the Problem: Notify the FDA’s MedWatch program and your healthcare provider.

For injuries involving other products or car accidents, see our guide on steps to take after a car accident.

How to Start Your Lawsuit

Filing a lawsuit in California involves several stages:

• Consult a Product Liability Attorney: Legal expertise is critical. Attain Law can help you understand your rights.
• Investigate the Device: We identify how and why the device failed.
• Prepare Your Claim: This includes collecting evidence, medical records, and expert opinions.
• File Within Time Limits: California law generally gives you two years from the date of injury to take legal action.

For more on deadlines, visit our article on proving manufacturer liability in medical device cases.

Types of Compensation Available

You may be entitled to recover:

• Medical expenses (present and future)
• Lost wages and reduced earning capacity
• Pain and suffering
• Costs for additional surgeries or device removal
• Punitive damages (in rare cases)

See our common injuries from defective medical devices article for more details.

Common Challenges in These Cases

Medical device lawsuits can be complex. Potential challenges include:

• Manufacturer defenses claiming “FDA approval” as a shield
• Difficulty proving the device, not another factor, caused your injury
• Large companies with extensive legal resources

To learn how to strengthen your case, read about how to prove an appliance malfunction caused injury.

Gathering Evidence for Your Claim

Strong evidence can make or break your case. Important proof includes:

• The device itself (if available)
• Medical and surgical records
• Expert testimony from medical professionals
• Documentation of recalls or safety warnings

You can also draw on strategies used in consumer product lawsuits.

Filing Deadlines in California

In most cases, you have two years from the date of injury to file your lawsuit. There are exceptions if you discover the harm later, but acting quickly protects your rights. Compare this with deadlines for personal injury or premises liability cases.

What to Expect After Filing

Once your lawsuit is filed, expect the following steps:

• The defendant responds with an answer or motion to dismiss
• Discovery begins—both sides exchange evidence
• Settlement discussions may occur at any time
• If no agreement, the case may go to trial

For insight into the litigation process, see our legal options for malfunctioning appliance injuries.

When to Consider a Settlement

Many defective device cases settle before trial. Settlements may offer:

• Faster resolution
• Reduced legal costs
• Guaranteed compensation

However, every case is unique. Your attorney will advise whether a settlement or trial is best for your situation. Learn more about understanding compensation in consumer product lawsuits.

How Attain Law Supports You

Our team at Attain Law has experience guiding Californians through product liability claims, from dangerous drugs to defective medical devices. We coordinate with medical experts, investigate device failures, and handle negotiations with manufacturers.

If you have questions about your rights regarding product liability or medical malpractice, we’re here to help.

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If you or a loved one have been harmed by a defective medical device in California, don’t navigate the legal process alone. Call us at (888) 970-8627 or contact us today for a free consultation. Attain Law is ready to support you every step of the way.

Frequently Asked Questions About Filing a Defective Medical Device Lawsuit in California

What is a defective medical device under California law? A defective medical device is any implant, tool, or equipment that has a design, manufacturing, or labeling flaw and causes harm to a patient. California law allows injured individuals to seek compensation from the manufacturer or other responsible parties.

How long do I have to file a medical device lawsuit in California? You generally have two years from the date of injury to file a lawsuit for a defective medical device in California. It’s important to act quickly, as some exceptions may apply if you discover the injury later.

Who can be held responsible for a defective medical device injury? Manufacturers, distributors, suppliers, and sometimes medical professionals or hospitals may be held liable if their actions contributed to your injury from a defective device.

What evidence helps my defective medical device case? Key evidence includes the device itself, medical records, photos of injuries, documentation of recalls, and opinions from medical experts. Keeping thorough documentation strengthens your case.

Can I file a lawsuit if the device was approved by the FDA? Yes. FDA approval does not prevent you from filing a lawsuit in California if the device was defective and caused harm. Approval is not a guarantee of safety.