San Diego Defective Medical Device Lawyer

Vaage Law > Practice Areas > San Diego Defective Medical Device Lawyer

Medical devices are supposed to help patients recover, manage an illness, or improve their quality of life. When an implant fails or surgical equipment malfunctions, the patient can end up needing more treatment than the original condition required.

For someone who has already undergone surgery, learning that a medical device was defective is upsetting. Another operation means additional medical bills, time away from work, and the possibility of permanent damage. Getting a straight explanation from the surgeon or hospital can also be frustrating.

Since 1992, Vaage Law has represented patients injured by defective medical devices and medical negligence. Founding attorney Bob Vaage has successfully pursued claims against manufacturers, hospitals, and surgeons.

If you suspect a medical device caused your injury, our team can investigate what happened and identify your legal options. Call (619) 658-4939 or request a free, confidential consultation with a San Diego defective medical device lawyer.

“Our goal is to try to return their lives as closely as possible to what it was, and I will work tirelessly to reach that goal.”

— Robert Vaage, Founding Attorney

What Is a Defective Medical Device?

A defective medical device is a product used to diagnose, treat, or manage a medical condition that has a design flaw, manufacturing error, or inadequate safety warning. These defects can cause a device to malfunction, injure surrounding tissue, or fail during a medical procedure.

Medical devices are regulated by the U.S. Food and Drug Administration (FDA), which reviews certain products for safety and effectiveness before they enter the market. However, defects can still be discovered after a device has been approved or cleared for use.

For patients, the concern is whether the device contributed to an injury that could have been prevented. A failed spinal implant, malfunctioning surgical equipment, or defective heart pump can result in additional surgery, permanent nerve damage, or other serious complications.

Patients can pursue legal action against medical device manufacturers even when a product has received FDA authorization, although federal law places restrictions on certain claims involving devices that underwent the FDA’s premarket approval process.

Types of Defective Medical Devices in Injury Claims

Medical device injuries occur with products used in routine procedures and complicated surgeries. Examples include:

• Hip implants: Artificial joints that loosen, break, wear out too soon, or release metal particles into surrounding tissue.
• Spinal implants: Screws, plates, and other hardware that break or damage nearby nerves and the spinal cord.
• Nerve-monitoring devices: Equipment surgeons rely on to monitor nerve function during an operation.
• Pain pumps: Devices that deliver medication and can cause harm when they malfunction or administer the wrong dose.
• Heart pumps: Devices that help circulate blood but can cause serious injuries when they fail or are used incorrectly.
• Surgical mesh: Products used to support weakened tissue that can cause infection, chronic pain, or damage to nearby organs.
• Cosmetic devices: Equipment used in cosmetic procedures that can cause burns, scarring, or tissue damage.

Medical records, the device’s manufacturing history, and reports of similar failures can help establish whether the product was defective. When an implant has been removed, examining the device itself can provide additional evidence.

What Compensation Is Available in San Diego Defective Medical Device Settlements?

Revision surgery, rehabilitation, medications, and follow-up appointments are expensive. Patients injured by defective medical devices can also lose income while recovering or become unable to return to their previous jobs.

Through a personal injury lawsuit, you can seek compensation for:

• Medical bills you’ve already paid and treatment you’ll need in the future
• Lost wages from time away from work
• Reduced ability to earn a living
• Physical pain and emotional suffering
• Other expenses caused by the injury

A San Diego defective medical device attorney will review your medical expenses, lost income, future treatment needs, and other losses when calculating the compensation to pursue. For patients with permanent disabilities, that includes the cost of care they will need for the rest of their lives.

What Kinds of Defects Are Viable Cases for San Diego Defective Medical Device Lawsuits?

Manufacturers have a responsibility to make medical devices that are reasonably safe when used as intended and to provide appropriate warnings about their risks. Defective medical device lawsuits typically address one or more of the following problems:

• Design defects: The problem starts with how the product was designed. A hip implant with a structural weakness, for example, could break much sooner than expected. Because the flaw is built into the design, other patients with the same implant could experience similar problems.
• Manufacturing defects: Something goes wrong while the device is being made. A product could be assembled incorrectly, contaminated, or damaged during production, even though the original design was safe.
• Warning defects: The manufacturer fails to provide adequate warnings about a product’s risks or clear instructions for using it safely. Doctors and patients need accurate safety information to make informed treatment decisions.

A medical device can have more than one defect. California law has specific requirements for each type of product liability claim, so the investigation must establish what was wrong with the device and how that problem caused the injury.

Who Can Be Held Liable for a Defective Medical Device Injury?

The device manufacturer is an obvious place to start, but it isn’t always the only party responsible. Hospitals, surgeons, and companies that supplied parts or equipment can also play a role.

Potentially responsible parties include:

• Medical device manufacturers: Companies responsible for defective designs, manufacturing problems, or inadequate warnings.
• Component manufacturers: Businesses that produced defective parts used in a larger medical device.
• Distributors and suppliers: Companies that supplied or distributed a defective product, subject to California law.
• Physicians and surgeons: Healthcare professionals whose negligent decisions or improper use of equipment contributed to an injury.
• Hospitals and healthcare facilities: Medical institutions responsible for negligent equipment maintenance, monitoring, or failures in patient care.

Surgeons rely on nerve-monitoring equipment during spinal surgery to alert them to changes in nerve function. A malfunction can prevent the surgical team from receiving important information while the operation is underway.

If defective equipment contributed to a patient’s injury, the manufacturer could face a product liability claim. Negligent decisions by the surgeon or hospital could support a separate medical malpractice claim.

California has separate filing deadlines and legal requirements for medical malpractice claims against doctors and hospitals.

Other Issues a San Diego Defective Medical Devices Attorney Can Help You With

Medical device injuries aren’t always caused by manufacturing defects. Errors during surgery, improper implantation, and failures to respond to equipment warnings can also cause serious harm.

Related claims include:

• Medical error: A doctor improperly implanting a product that has been subject to a recall.
• Medical malpractice: A healthcare provider failing to give appropriate treatment or important information about a medical device.
• Medical fraud or conspiracy: A physician concealing financial ties to a device manufacturer or misleading patients about a product’s risks. These allegations require evidence that the misconduct contributed to the patient’s injury.

Bob Vaage has handled medical fraud cases involving surgeons who failed to disclose financial relationships with medical device companies. Patients have a right to know when their doctors have a financial interest in the products being recommended for surgery, especially when those products are connected to serious injuries.

When a medical device fails, the manufacturer isn’t necessarily the only one responsible. Mistakes made by surgeons or hospitals may also have contributed to your injury.

Vaage Law secured a $2.49 million settlement in a case involving defective nerve-monitoring equipment used during spinal surgery. Put that experience on your side.

Call (619) 658-4939 or contact us online for a free, confidential case review.

What a Medical Malpractice Attorney Can Do for You and Your Case

After a surgical injury, the hospital’s records, the surgeon’s account, and the equipment manufacturer’s reports may tell different stories. A San Diego defective medical devices lawyer can obtain these records, investigate inconsistencies, and work with medical experts to establish what happened.

At Vaage Law, this work includes:

• Medical records and surgical reports: Reviewing the treatment provided, the equipment used, and when complications developed.
• Product safety records: Researching recalls, FDA warnings, previous complaints, and reports of similar device failures.
• Medical and engineering experts: Consulting specialists who can explain how the equipment should have worked and identify problems with its design or performance.
• Hospital equipment records: Obtaining maintenance logs, inspection records, and monitoring data from the procedure.
• Financial relationships: Investigating relevant business ties between doctors and medical device manufacturers, including relationships that could have influenced treatment decisions.
• Medical negligence: Reviewing the surgeon’s decisions and the hospital’s care when the injury cannot be explained by equipment failure alone.
• Settlement negotiations and litigation: Preparing the evidence needed to pursue compensation and taking the case to court when a fair settlement cannot be reached.

According to a Martindale-Nolo Research survey, more than 90% of personal injury claimants who hired an attorney received a settlement or award, compared with approximately half of those who handled their claims without legal representation.

What Injuries Can You Sue for in a San Diego Medical Device Lawsuit?

A defective medical device can cause injuries far worse than the condition it was intended to treat. An implant that fails could require another surgery. Faulty equipment used during an operation could cause permanent nerve damage.

Problems associated with defective medical devices include:

• An implant moving out of place
• Metal particles or ions being released from an implant
• A device breaking or failing to work properly
• Scar tissue forming around an implant
• Infections

These problems can cause:

• Nerve damage
• Severe or chronic pain
• Damage to internal organs
• Changes in blood pressure or heart rhythm
• Internal bleeding or swelling
• Tissue tears, including dural tears
• Scarring and disfigurement

Severe injuries can result in permanent loss of mobility, paralysis, or other disabilities. Device-related complications can also be fatal.

When a defective medical device contributes to a patient’s death, surviving family members can pursue a wrongful death lawsuit if they meet California’s legal requirements.

What Should You Do if You Suspect a Medical Device Caused Your Injury?

Hospitals don’t necessarily preserve medical devices after removing them from a patient. If an implant needs to be replaced, ask the hospital about saving the original device before the procedure.

Your medical records and information about the product can also be important to an investigation. Here are steps to take:

• Get copies of your medical records. Ask for surgical reports, imaging results, doctor’s notes, and records from any additional procedures. These documents can show when the device was implanted and when complications began.
• Find out exactly which device was used. Ask your doctor or hospital for the manufacturer’s name, model, and serial number. Your surgical records could also include this information.
• Keep track of your symptoms and expenses. Write down new symptoms, additional treatments, missed work, and medical costs. Save bills and messages from your healthcare providers.
• Ask about preserving the device if it needs to be removed. Before surgery to remove or replace an implant, ask the hospital whether the device can be saved. It could become important evidence in your case.
• Look for recalls or safety warnings. Search the FDA’s medical device recall database to see whether the manufacturer has reported safety problems. A device doesn’t need to be recalled for you to have a valid claim.
• Talk to an attorney who handles medical device injuries. A lawyer can review what happened, investigate the device, and explain your legal options.

Don’t stop using a medical device or delay treatment without talking to your doctor. Implanted devices that provide essential medical support should never be removed or discontinued without medical guidance.

Jerome Lew Shares His Experience With Vaage Law

Jerome Lew underwent neck surgery at UCLA and later brought a lawsuit alleging that his surgeon failed to disclose financial and research relationships with medical device manufacturers whose products were used during his treatment.

The lawsuit raised questions about the surgeon’s undisclosed financial interests and the treatment Jerome received. His case was resolved through a $4.2 million settlement with the University of California Regents.

In the video below, Jerome discusses his experience and working with attorney Bob Vaage.

Why Choose Vaage Law for Your Defective Medical Device Case?

Since 1992, Vaage Law has represented patients injured by medical negligence, defective surgical equipment, and other serious wrongdoing. Our San Diego trial firm has recovered more than $190 million for injured clients.

Our case results include:

• $2,490,252 Settlement: A patient suffered permanent spinal injury after defective nerve-monitoring equipment failed to warn the surgeon of nerve damage during an operation.
• $8,999,998 Settlement: A hospital’s failure to diagnose complications following gastric bypass surgery left a patient with permanent intestinal damage and lifelong nutritional needs.

Founding attorney Bob Vaage brings more than 35 years of legal experience to these cases. His background includes:

• Extensive trial experience: Bob has tried more civil cases to verdict than 95% of attorneys in San Diego.
• Experience on both sides: Before representing injured patients, Bob defended personal injury claims, giving him firsthand knowledge of how defendants approach litigation.
• ABOTA membership: Bob holds the rank of Advocate with the American Board of Trial Advocates.
• Professional recognition: His honors include Best Lawyers’ Personal Injury Litigation “Lawyer of the Year” in San Diego and recognition from the Consumer Attorneys of San Diego.
• Medical device litigation: Bob has handled cases involving defective surgical equipment and surgeons’ undisclosed financial relationships with medical device manufacturers.

Clients work directly with experienced attorneys, including founding attorney Bob Vaage, who remains personally involved in their cases.

Speak With a San Diego Defective Medical Device Lawyer

If you suffered complications from a medical device, Vaage Law can investigate the equipment, the medical care you received, and who should be held responsible for your injuries.

Call (619) 658-4939 or contact us online for a free, confidential consultation.

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San Diego Medical Device Liability Lawyer FAQs

Call us today at (619) 338-0505 for a free case consultation.