Defective Medical Devices Lawyer California

According to the Food and Drug Administration, a medical device is:

  • Something that diagnoses, cures, lessons, treats or prevents disease
  • Affects the function or structure of the body
  • Does not achieve primary intended purposes through chemical action (those types of products are considered drugs)

When a medical device makes it through testing, it should be safe enough for us to use – that’s what we, as consumers, can expect from the FDA. In the vast majority of cases, that’s true.

But some medical devices make it through the testing process and still end up causing harm when people use them.


Who Evaluates Medical Devices?

The U.S. Food and Drug Administration is responsible for evaluating medical devices for safety. For the most part, the FDA does a great job vetting both medical devices and drugs, but sometimes bad products make it through the evaluation process and end up hitting the market.


How Do Defective Devices Make it Through the Evaluation Process?

In 2002, Congress passed the Medical Device User Fee and Modernization Act. The MDUFMA allows manufacturers to pay a fee and get shorter review times for their products.

Unfortunately, in some cases, that allows medical devices that are not yet ready for public use to sneak onto the market.


What Should You Do if You’re the Victim of a Defective Device?

If you have been injured by a defective medical device, a lawyer may be able to help you. You may be able to hold the manufacturer responsible by suing for damages. Those damages may include financial compensation for your medical bills, lost wages, and pain and suffering.


Defective Medical Devices with California Victims

A number of defective medical devices have injured people across California and the U.S. In some cases, these medical devices are recalled. In other cases, they’re still on the market and still causing injury, illness and even death.

For the most part, manufacturers and the FDA only recall defective medical devices after thousands of people are hurt.


Hip Replacement Devices

Hip implants are very common medical devices. These implants, typically used to replace worn-out hip joints, have become incredibly popular over the past 20 years. Dozens of hip replacement devices are recalled after they’ve been put into widespread use – but again, they aren’t usually recalled until thousands of people have suffered adverse effects from using them.

DePuy ASR Hips

Defective Medical Device Attorney Californa

In 2010, DePuy recalled its Articular Surface Replacement (ASR) Acetabular Hip System and ASR Hip Resurfacing System. (The hip resurfacing system was only sold abroad, so it didn’t affect anyone in the U.S.)

These medical devices were marketed as innovative new designs that were more durable and more reliable than other, older devices. However, within 5 years of use, 40 percent of DePuy’s ASR systems fail. They were recalled in 2010, which required people to undergo painful replacement surgery and suffer through the after-effects of having yet another hip replacement device implanted into their bodies.

Friction between the metal components of hip replacement systems can release shards of metal into the body. This metal can cause:

  • Severe inflammation
  • Infections
  • Damage to the bone
  • Damaged tissues around the hip joint
  • Loss of mobility
  • Pseudo-tumors

Stryker Hips

In July 2012, just 3 years after they were approved by the FDA, two types of Stryker hip replacement devices were recalled. The company discovered that the metal they used to create these hip replacement devices could corrode, and that they could release dangerous metal debris into the body.

Other Hip System Recalls

Although DePuy and Stryker are the most notorious companies subject to hip system recalls in the U.S., they are far from the only companies who have marketed and sold defective and dangerous products. Other companies who have had their hip systems recalled include:

  • Biomet
  • Centerpulse
  • Corin
  • Encore Orthopedics
  • Exactech
  • Smith & Nephew
  • Wright Medical Technology
  • Zimmer Holdings


INFUSE Bone Grafts

The medical practice of bone grafting uses pieces of bones or bones substitutes to replace damaged or diseased bone within the body. A company called Medtronic created a brand of bone substitute called INFUSE using collagen from cows, and the FDA approved it for use in spinal fusion in 2002.

INFUSE bone grafts have injured thousands of people across the U.S., and the materials they use can cause dangerous side effects such as:

  • Infection
  • Bone injury
  • Nerve injury
  • problems
  • Male sterility
  • A possible increased cancer risk

INFUSE bone grafts can cause permanent spinal injuries in patients.

Many people have accused Medtronic of paying doctors to use its products. Further, several people have filed lawsuits against the company.

If you’ve had a bad experience with a Medtronic bone graft, it’s important that you talk to a lawyer who understands what this company has done and who can fight for justice for you.



Mentor Corporation marketed its ObTape as the quick-fix solution for urinary incontinence. The FDA had approved ObTape based on its similarity to previously approved products – but the problem was that the products it was similar to had been recalled.


What if Your Medical Device is Recalled?

Defective Medical Devices CAIf a medical device that you are using has been recalled, you’ll need to schedule a visit with your doctor right away. He or she will be able to provide you with guidance about what you should do next.

Likewise, if you’re suffering adverse effects from any type of medical device, you’ll need to call your doctor immediately – some adverse effects are temporary and resolve themselves after a device is removed, but others can cause lasting damage.

You may be able to hold the device’s manufacturer accountable for promoting and selling an unsafe product.


Talk to a Defective Medical Devices Lawyer in CA Today

If you’ve been the victim of a predatory medical device manufacturer, or if you or a family member has been injured by any medical device, it may be a good idea to talk to a defective medical device lawyer in California.

You could be entitled to financial compensation that helps pay for your medical bills, lost wages if you’ve missed work, or other expenses you’ve incurred as a result of the defective medical device.

Call us at 877-JCHRISP (524-7477) or contact us online for a free case evaluation. We’ll treat you with the dignity and respect you deserve, and we’ll work hard to get you justice.