May 26, 2019

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Louisiana Defective Medical Device Lawsuits

New Orleans Law Firms

The medical devices we have today save lives and improve quality of life in ways that
were not possible in the past. Unfortunately, too many of these devices are rushed
to market with dangerous and deadly flaws. If you have been harmed by a defective
medical device, you may be able to recover compensation for your injuries through a
product liability lawsuit.

Examples of Defective Medical Devices

Some defective medical devices have been recalled, but many are still on the market.
Examples of types of medical devices which are often defective causing injury or death
include:

  • Hip implants
  • Knee implants
  • Bladder sling/transvaginal mesh
  • Drug eluting stents
  • Hernia mesh
  • Implanted defibrillators
  • Pacemakers
  • Pain pumps
  • Intrauterine contraceptive devices (IUDs)

Implanted Devices

When you have a defective device surgically implanted in your body, it is not always
possible to simply remove and replace it.

For some types of devices, such as defective defibrillator leads, the surgery to remove
the defective device can be as or more dangerous than leaving the device in place.
Doctors may have to opt for a wait and see approach, with monitoring, meaning that
patients never know when the device may have a fatal malfunction.

Defective bladder slings must be surgically removed, and can require several surgeries.
Even after multiple surgeries, complications are not always reversed, resulting in
permanent injuries, chronic pain, and significantly reduced quality of life.

Defective hip and knee replacements must be removed and replaced, but can do
considerable damage before they are discovered and may result in loss of use of the
affected leg, and can cause deadly infections and other permanent injuries. Typically,
the surgery to replace the devices is more difficult and dangerous than the original
surgery to place the device.

Product Liability

When a medical device causes injury, it is often the victim’s first instinct to sue the doctor
for medical malpractice. However, if a defective device caused the injury, your lawsuit
will fall under an area of law called product liability, and the pharmaceutical company
which made the device is held responsible.

Time Limits

Trying to pursue a lawsuit while you are recovering from injuries caused by a defective
medical device is a daunting prospect, but you have a limited amount of time to take
action.

The statute of limitations for product liability in Louisiana is one year. That means you
have one year from the date of your injury, or the date that you discovered or should
have discovered that a defective device caused your injury.