How To Choose the Right Defective Medical Device Lawyer

August 29, 2023

Medical device manufacturers put shareholder profits ahead of patient safety when they mislead patients and physicians by failing to mention potential risks and side effects of their products. Some of these companies continue to market defective products despite evidence that they pose a hazard to consumers. The only way to keep these medical products off the market is with defective medical device lawsuits. 

If you have been seriously injured by a defective medical device, you need a defective medical device lawyer with the experience, knowledge, resources, and dedication to represent you.

What Should You Look for in a Defective Medical Device Lawyer?

Before you hire a defective medical products injury attorney, research their level of expertise in handling medical device claims. Some of this information may be available online, but the best course of action is to personally interview potential firms before choosing one. Ask questions regarding their lawyers' experience handling similar cases, read reviews from past clients, and examine the firm's track record with product liability claims.


Look for a firm that specializes in litigation involving medical malpractice and defective medical equipment. Since a medical device malfunction lawsuit requires a very particular set of skills and knowledge, you want legal representation with extensive experience investigating and managing these types of cases. Firms that regularly litigate lawsuits involving defective medical products are also more likely to have information on class action or mass tort claims that could apply to your situation.


Whenever possible, speak with past clients who have worked with the defective medical device law firm you are considering. Word of mouth can be a good method for vetting potential attorneys, or read online reviews. Look for positive comments regarding the following attributes:

  • Prompt and clear communication between attorney and client
  • Consistently met deadlines
  • Kept promises or provided an explanation when unable to do so
  • Friendly and courteous office atmosphere
  • Honest and accurate billing practices

Pay particular attention to reviews from clients involved in cases of medical product design defects, class action lawsuits, and mass tort claims and whether they were satisfied with the financial compensation and service they received.

Track Record

It's completely acceptable to inquire about an attorney's litigation track record in regard to defective medical products. Ask how many cases they've handled involving medical device problems, the number of those cases that resulted in a favorable settlement for the plaintiff, and the average amount of those settlements. Many firms list this information on their website for easy reference.

Common Defective Medical Device and Product Issues

Faulty medical devices are the result of manufacturing defects or materials that break down over time. Many defective medical device tragedies eventually become part of large-scale product recall lawsuits. Unfortunately, unsuspecting consumers have to be harmed or injured before a recall is issued.

Some problem devices remain on the market today, despite evidence showing they are dangerous for medical use. The only way to hold defective medical device manufacturers accountable for personal injuries is to pursue legal options.

Surgical Implants

Surgically placed medical implants are used to replace or repair tissues, joints, and organs, to prevent pregnancy, and to regulate biological functions within the body. The use of some implants has caused complications resulting in poor health outcomes for patients. Examples include knee replacement lawsuits centered around failure of knee implants, which required patients to undergo additional surgeries, and patients whose doctors used surgical mesh to repair their hernias that developed complications, prompting a hernia lawsuit. 

Here is a list of surgical implants that have been the subject of faulty medical device lawsuits:

  • Knee and hip implants
  • Hernia repair mesh
  • Transvaginal mesh
  • Other surgical mesh
  • Intrauterine devices (IUDs)
  • Cochlear implants
  • Pacemakers
  • Breast implants
  • Eye implants
  • Defibrillators
  • Inferior vena cava (IVC) filters

Faulty Devices

Faulty medical devices are the result of an inherent flaw in the product's design. Patients suffer injury or harm as a result. Some recent examples of lawsuits involving faulty medical devices include:

  • Duodenoscopes contaminated with an antibiotic-resistant infection sickened and killed several patients. It was later discovered that tiny crevices in the duodenoscope made it impossible for the device to be properly sterilized, leading to cross-contamination between patients.
  • TheNuVasive MAGEC System used to treat childhood scoliosis resulted in mechanical problems in some patients, with the endcap separating from the device and exposing living tissue to internal components of the product.
  • The Medtronic MiniMed Insulin Pump became the subject of lawsuits when a defective retainer ring left users vulnerable to overdosing on insulin, resulting in severe hypoglycemia.

Medical Device Recalls

Medical device manufacturers may voluntarily recall products when they have determined a device is unsafe for consumers. In other scenarios, the U.S. Food & Drug Administration, which oversees medical devices, requires the maker of a faulty device to issue a recall.

The FDA uses a numerical classification system to indicate the seriousness of a recall:

  • Class I recall: There is a  reasonable probability that the use of or exposure to the product will cause serious health consequences or death.
  • Class II recall: The use of or exposure to the product may cause temporary or medically reversible health outcomes, or the probability of serious health consequences is remote.
  • Class III recall: The use of of exposure to the product is not likely to cause adverse health outcomes.

Class I recalls are most likely to result in the need for a medical device lawyer because the outcomes from use of these products tend to be more severe, resulting in permanent damage to the patient.

Get the Best Possible Results With Our Team of Specialized Lawyers

Consult a Philadelphia-based malfunctioning equipment lawyer to ensure that you are fairly represented in your defective medical device case. Our team at McEldrew Purtell specializes in catastrophic injury and has represented individuals and entities across the country and around the world in medical malpractice and defective drug and medical device cases. 

We have recovered billions of dollars on behalf of patients and families injured by faulty medical equipment through class action lawsuits and mass tort actions. The attorneys at McEldrew Purtell have a proven track record of maximum compensation recovery for clients. Contact us today for a free consultation.