Raleigh Defective Medical Devices Lawyer
Medical devices are meant to save lives, restore health, and improve quality of life. When you undergo a hip replacement, receive a surgical implant, or use another medical device, you trust that it has been properly designed, tested, and manufactured to ensure its safety and effectiveness. Sadly, many devices that reach the market later prove to be defective, causing severe injuries and complications for patients. For victims throughout North Carolina, these failures often result in additional surgeries, long-term disability, and enormous medical expenses.
At Ricci Law Firm Injury Lawyers, our experienced Raleigh defective medical devices lawyer law firm is on top of it. We diligently and successfully fight for patients harmed by unsafe medical products, taking on major corporations and manufacturers to secure the compensation our clients need and deserve.
Understanding Defective Medical Device Litigation
Defective medical device claims fall under the broader area of product liability law. These cases hold manufacturers, distributors, and sometimes healthcare providers responsible for injuries caused by unsafe devices. Victims may bring individual lawsuits, join multidistrict litigation (MDL), or pursue class action claims depending on the circumstances.
To succeed in a defective device case, patients must typically prove:
- The device was defectively designed, manufactured, or marketed.
- The defect made the device unreasonably dangerous.
- The defect directly caused injury or harm.
- The injury led to measurable damages such as medical expenses, lost wages, and pain and suffering.
Unlike ordinary negligence cases, defective medical device claims often involve complex federal regulations, medical evidence, and expert testimony. That’s why working with a knowledgeable defective medical device attorney in Raleigh is essential.
Common Types of Defective Medical Devices
Unfortunately, numerous devices have faced recalls, lawsuits, and safety warnings. Patients in Raleigh may be affected by the following.
DePuy Hip Implants
DePuy Orthopaedics, a division of Johnson & Johnson, has recalled several metal-on-metal hip implant systems, including the DePuy ASR and Pinnacle models. Patients reported severe pain, device loosening, metallosis (metal poisoning), and the need for revision surgeries. Many lawsuits allege that DePuy failed to test the implants adequately and concealed known risks.
Pinnacle Hip Implants
Another widely used device, the Pinnacle hip replacement system, has also been linked to serious complications. Patients implanted with Pinnacle devices experienced premature device failure, tissue damage, and systemic health issues from metal debris. Litigation has resulted in significant verdicts against Johnson & Johnson, with juries finding the company liable for selling defective products.
Exactech Knee and Ankle Devices
Exactech issued recalls for its knee and ankle replacement devices after discovering packaging defects that allowed oxygen exposure. This caused premature degradation of the polyethylene liners, leading to device failure, bone loss, and the need for corrective surgeries. Patients who received Exactech devices may be eligible to file claims for damages.
Hernia Mesh
Hernia mesh products, often used in surgical repairs, have been linked to complications such as infection, adhesion, bowel obstruction, and device migration. Some patients require multiple revision surgeries, and others suffer long-term, irreversible damage. Major manufacturers have faced thousands of lawsuits alleging defective design and failure to warn patients and doctors.
These examples highlight a broader problem: many medical devices are rushed to market without adequate testing, putting patients at risk.
Why Choose Ricci Law Firm Injury Lawyers for Defective Medical Device Claims?
Patients across North Carolina choose Ricci Law Firm because we are committed to holding powerful corporations accountable. With over 150 years of combined legal experience, we are trusted advocates for individuals harmed by defective medical devices.
We provide compassionate support, aggressive representation, and relentless pursuit of justice. When you seek our services, you get:
- Free consultations
- Contingency fee representation (you pay nothing unless we win)
- Experience in complicated product liability and mass tort litigation
- Deep commitment to protecting North Carolina families
How Defective Medical Devices Reach the Market
Many patients assume that the U.S. Food and Drug Administration (FDA) thoroughly tests every device before approving it. In reality, the FDA’s approval process often relies on manufacturers’ own studies and can allow devices to reach patients with minimal independent testing.
One controversial pathway, the 510(k) clearance process, allows manufacturers to market new devices if they are “substantially equivalent” to an existing approved device. Unfortunately, this can mean new devices inherit the flaws of older products without rigorous review.
The result? Devices like defective hip implants, mesh products, and artificial joints can reach hospitals in Raleigh and nationwide with hidden dangers.
Injuries Caused by Defective Medical Devices
Complications from defective medical devices can be severe, long-lasting, and life-changing. The type of injury often depends on the specific device involved, but the consequences are rarely minor.
Chronic Pain and Inflammation
Patients may experience persistent swelling, burning sensations, or sharp pains in the area near the implant site. These symptoms often worsen over time and can interfere with daily activities, such as walking, lifting, or even sleeping.
Device Loosening, Breakage, or Migration
A defective device may loosen within the body, break apart, or migrate from its intended position. For example, a hip implant can loosen within the bone, causing instability and severe pain, while hernia mesh may migrate and puncture surrounding tissue or organs, leading to complications that require emergency surgery.
Tissue and Organ Damage
Some devices cause permanent harm to nearby tissue or organs. Metal-on-metal hip implants, for instance, can release metallic debris into surrounding tissue, causing necrosis (tissue death) and lasting damage to muscles or ligaments.
Infection or Sepsis
Bacteria may be introduced during implantation or when a device deteriorates. Infections around implants are notoriously difficult to treat and often require device removal and long-term antibiotics. In severe cases, infections can spread throughout the body, leading to life-threatening sepsis.
Metallosis and Systemic Poisoning
Certain devices release toxic metal ions, such as cobalt or chromium, into the bloodstream. This condition, known as metallosis, can trigger symptoms ranging from skin rashes and hearing loss to heart problems and cognitive decline.
Nerve Damage or Loss of Mobility
When devices press against or cut into nerves, patients may suffer paralysis, neuropathic pain, or reduced mobility. Spinal implants placed incorrectly, for example, can leave patients with permanent disabilities.
Revision or Removal Surgeries
Many victims require revision or removal surgeries to correct the damage caused by defective devices. These procedures are more complicated and risky than the original surgery, leaving patients with additional scars, longer recovery periods, and often diminished outcomes.
Long-Term Disability or Death
In the most tragic cases, defective devices result in long-term disability or death. Complications such as organ failure, severe infections, or systemic poisoning can rob patients of their health—or their lives—leaving families devastated.
Proving Liability in Defective Medical Device Cases
To hold a manufacturer accountable, your attorney must prove that the device was defective in one of three key ways:
Design Defects
A design defect means that the device is inherently unsafe, even when manufactured correctly. For example, certain metal-on-metal hip implants were designed in a way that caused excessive friction, leading to metallosis. Even if every implant was perfectly manufactured, the flaw in the design itself created widespread dangers for patients.
Manufacturing Defects
A manufacturing defect occurs when mistakes happen during the production process, making a specific device or batch unsafe. This could include contamination during assembly, the use of incorrect materials, or flaws in the sterilization process. The Exactech knee and ankle replacement recalls are an example where packaging defects allowed oxygen to degrade liners, causing early device failure.
Marketing Defects (Failure to Warn)
Even a well-designed, properly manufactured device can be dangerous if patients and healthcare professionals are not adequately warned of its risks. This is known as a failure-to-warn defect. If a company knows a device carries severe side effects but buries that information, or fails to update labels when new risks emerge, they can be held liable. Hernia mesh and hip implant litigation often centers on allegations that companies failed to disclose risks of failure, chronic pain, or infection.
Evidence in Defective Device Cases
Proving these claims requires substantial evidence. Attorneys may collect:
- Medical records to link the device to specific injuries.
- Expert testimony from surgeons, engineers, or toxicologists to explain design flaws or causation.
- FDA filings showing what the company knew about the device’s safety.
- Internal company documents that reveal ignored warnings or deliberate misrepresentations.
- Witness accounts from other patients or medical professionals who observed widespread complications.
This evidence builds a powerful case, showing not only that the device was defective but also that the manufacturer failed in its duty to protect patients.
Damages Available to Defective Medical Device Victims
Because defective medical devices often cause permanent and far-reaching harm, the compensation available to victims can be substantial and include the following:
- Medical expenses are often the largest category of damages. Victims may require multiple revision surgeries, extended hospital stays, physical therapy, medications, and ongoing care for the rest of their lives.
- Lost wages and reduced earning capacity are common when injuries prevent patients from returning to work or force them into lower-paying jobs. A defective implant can have a significant impact on someone’s career, particularly in physically demanding fields.
- Pain and suffering covers the physical agony of surgeries, chronic discomfort, and reduced mobility. These damages recognize that living with daily pain is a profound loss.
- Emotional distress compensates victims for anxiety, depression, PTSD, and the psychological toll of losing independence or coping with permanent disfigurement.
- Loss of enjoyment of life applies when injuries prevent victims from engaging in hobbies, sports, or family activities they once loved. For many, the loss of mobility or chronic fatigue is as devastating as the injury itself.
In cases of egregious misconduct, courts may award punitive damages. These are designed not just to compensate victims but to punish manufacturers for willful or reckless behavior—such as hiding known defects to protect profits.
Our Attorneys Help Ensure Accurate Compensation
Because complications often last a lifetime, damages must account for both current and future needs. Our Raleigh, NC defective medical device attorneys collaborate with medical experts, life care planners, and economists to accurately calculate the actual cost of a defective device. This ensures that victims receive compensation not just for today’s bills, but also for decades of lost income, ongoing care, and reduced quality of life.
The Role of a Defective Medical Device Lawyer
Taking on global pharmaceutical and medical device companies is not easy. These corporations have immense resources and aggressive defense teams. A skilled defective medical device attorney from our firm levels the playing field by:
- Investigating the device’s design, testing, and approval history
- Consulting medical and scientific experts
- Filing claims in state or federal court, or joining multidistrict litigation when appropriate
- Handling negotiations with insurers and corporate attorneys
- Preparing every case for trial to maximize leverage
At Ricci Law Firm Injury Lawyers, our Raleigh defective medical device attorneys have the resources and determination to stand up to large corporations on behalf of patients in Raleigh.
Steps to Take If You Suspect Your Medical Device Is Defective
If you believe a medical device has harmed you or a loved one:
- Seek medical care immediately. Protect your health and follow your doctor’s recommendations.
- Preserve the device and packaging (if applicable). If removed, ask your surgeon to keep the device for potential evidence.
- Document your symptoms. Keep records of pain, mobility issues, or other complications.
- Request medical records. These will be essential in proving your case.
- Contact a Raleigh defective medical device attorney. The sooner you involve a lawyer, the stronger your claim will be.
Frequently Asked Questions About Defective Medical Devices
What if my medical device was recalled?
A recall strengthens your case, but is not required. Many lawsuits involve devices that were not formally recalled but were still found to be defective.
Can I join a class action or multidistrict litigation (MDL)?
Possibly. Many defective device claims are consolidated into MDLs for efficiency. Your attorney will help determine whether joining an MDL or pursuing an individual case is best for you.
Do I need to prove the company was negligent?
Not always. Product liability law allows claims based on strict liability, meaning you only need to prove the device was defective and caused harm, regardless of whether the manufacturer acted negligently.
Contact Our Raleigh Defective Medical Devices Lawyer Law Firm
Medical devices should improve health, not destroy it. When manufacturers put profits ahead of patient safety, they must be held accountable. Ricci Law Firm Injury Lawyers is ready to stand by your side, fight for your rights, and pursue the compensation you deserve.
For a free consultation with experienced Raleigh defective medical device lawyers, contact our law firm online. You can also reach our attorney by phone at (252) 777-2222.