Advances in medicine and technology over the last century have resulted in average Americans living considerably longer than they did just a few generations ago. An illness or injury that would have been certain to end in death or suffering a few decades ago may now be treated or even cured. While many of the advances in medicine have the potential to save lives, some defective medical products can lead to serious injury or even death.
The purpose of a medical device is to help the patient, and all products have risks. However, a medical device manufacturer has a duty to make a reasonably safe product. Simply put, the benefits must outweigh the risks. A device manufacturer may be held responsible for defective manufacturing, negligent design, and failing to warn of serious risks they knew about but didn’t disclose. They may also be held accountable for failing to following FDA rules.