Medical Device Claims

Medical device claims pursue compensation when defective medical products cause harm. Common claims involve hip and knee replacements, hernia mesh, vaginal mesh, breast implants, and other implanted devices. Claims can be against manufacturers under product liability law or healthcare providers for clinical negligence.

Manufacturers are liable under Consumer Protection Act 1987 for defective products regardless of negligence. Clinical negligence claims require proving healthcare providers breached duty of care when implanting devices or managing complications. Cases may involve both types of claim.

Product liability under Consumer Protection Act 1987 makes manufacturers liable for defective products causing injury regardless of negligence. Defects include design defects, manufacturing defects, or inadequate warnings. You need to prove the product was defective, you suffered injury, and the defect caused the injury.

This is strict liability without needing to prove manufacturer negligence. Time limits are stricter than clinical negligence claims. Product liability claims can be pursued alongside clinical negligence claims against healthcare providers who implanted devices.

Vaginal mesh complications include chronic pain, mesh erosion through vaginal walls, infection, organ perforation, sexual dysfunction, urinary problems, and difficulty walking or sitting. Mesh was used to treat pelvic organ prolapse or stress urinary incontinence but causes serious complications in many women.

Many mesh products have been suspended or recalled. Group litigation against manufacturers is ongoing. Claims also pursue surgeons who used mesh when alternative treatments were more appropriate or didn’t warn adequately about risks. Complications often require multiple revision surgeries to remove mesh.

Metal-on-metal hip replacements can release metal debris causing metallosis, tissue damage, pain, and implant failure requiring premature revision. Certain designs including DePuy ASR and some Birmingham Hip Resurfacing systems have higher failure rates than acceptable.

Claims pursue manufacturers for defective design and surgeons for using inappropriate implants or failing to monitor adequately. Many claims have settled through group litigation. Individual claims continue for ongoing complications. Compensation covers revision surgery costs, pain and suffering, and impact on quality of life.

Yes, if recalled devices caused you harm, you can claim against manufacturers and potentially healthcare providers. Recalls indicate acknowledged problems with devices. However, you must prove you suffered actual injury, not just that you have a recalled device.

Healthcare providers should inform patients of recalls and arrange appropriate monitoring or device removal. A failure to act on recall notices may constitute clinical negligence. Compensation covers removal surgery, replacement devices, complications, and ongoing monitoring costs.

Group litigation coordinates multiple similar claims against the same defendant, usually manufacturers of defective devices. It allows cost-effective pursuit of claims by sharing expert evidence and legal costs. Examples include vaginal mesh, hip replacement, and hernia mesh litigation.

Group litigation orders create lead cases establishing liability issues applicable to all claims. Individual claim amount is assessed separately. You can join existing group litigation or bring individual claims. We advise which approach suits your circumstances.

Compensation depends on the nature of the device issue, the treatment required, the severity of the injury, and the long-term impact on your health and daily life. Every case is assessed individually.

Compensation covers pain and suffering, all revision surgery costs, ongoing treatment, lost earnings, care needs, and impact on quality of life.