California Defective Medical Device Attorneys

Injured by a Defective Medical Device in CA?

Medical devices have improved and saved countless lives, revolutionizing healthcare as we know it. If they are defective, however, they can cause far more harm than good. Patients may be left with debilitating injuries, may require revision surgeries, or may even lose their lives. Located in Sacramento, Kershaw Talley Barlow is a leader among firms that handle medical injury lawsuits.

Our California defective medical devices attorneys have a considerable amount of experience litigating class actions against medical device manufacturers who have designed and sold defective devices to unsuspecting patients. Our attorneys have represented individuals and classes of patients in state and federal courts across the United States and have been able to secure considerable settlements and awards for the injured. In fact, we have secured over $1 billion for our clients.

What is a Defective Medical Device?

A defective medical device is any medical product that fails to perform safely and effectively as intended due to design flaws, manufacturing errors, or inadequate labeling or instructions. These defects can lead to serious health risks, injury, or even death.

The three common types of defects include:

1. Design Defect: The product is inherently unsafe due to a flawed design, even if manufactured correctly.
2. Manufacturing Defect: The product’s design is sound, but an error occurred during production.
3. Marketing Defect (Failure to Warn): The product lacks proper instructions, warnings, or labeling, which can lead to misuse or harm.

Common Types of Defective Medical Devices

Here are the common types of defective medical devices:

• Hip and Knee Replacements – Faulty implants may loosen, break, or cause metal poisoning.
• Pacemakers and Defibrillators – Defects can cause electrical failure or lead to irregular heart rhythms.
• Surgical Mesh – Used in hernia or pelvic repair; may erode or migrate, causing pain or infection.
• Insulin Pumps – Malfunctions can result in incorrect insulin delivery, leading to hypoglycemia or hyperglycemia.
• IVC Filters – Designed to prevent blood clots but may fracture or migrate.
• Breast Implants – Linked to rupture, leakage, or a rare cancer called BIA-ALCL.
• Transvaginal Mesh – Can cause severe pain, organ perforation, or infection.
• Contraceptive Devices (e.g., Essure) – May migrate or break, causing pain and internal damage.
• Infusion Pumps – Errors in dosage delivery due to malfunction.
• Dialysis Machines – Faulty equipment can lead to contamination or incorrect blood filtration.

FAQs About Defective Medical Devices

Who can be held liable in a defective medical device lawsuit?

Multiple parties can be held liable, including the device manufacturer, parts suppliers, distributors, and sometimes even doctors or hospitals—if their negligence contributed to the injury. In California, strict product liability allows injured consumers to sue the manufacturer without proving negligence, as long as the product was used as intended and still caused harm due to a defect. Liability depends on the facts of the case and the type of defect involved.

What is the statute of limitations for filing a defective medical device claim in California?

In California, the statute of limitations for product liability claims—including those involving defective medical devices—is typically two years from the date of injury or when the injury was discovered (or reasonably should have been discovered). For medical malpractice claims involving medical devices, the limit may be as short as one year from discovery, with a maximum of three years from the date of injury. Failing to file within the legal timeframe can result in dismissal of the case.

What compensation can I recover in a defective medical device case?

If successful, a plaintiff may recover both economic and non-economic damages. Economic damages include medical expenses, lost wages, and the cost of additional treatments or surgeries. Non-economic damages cover pain and suffering, emotional distress, and loss of enjoyment of life. In cases of egregious misconduct or gross negligence, punitive damages may also be awarded to punish the manufacturer and deter future wrongdoing.

How do I prove a defective medical device caused my injury?

To prove your case, you need to show the device had a defect and that the defect directly caused your injury. This often involves medical records, expert testimony, product testing, FDA reports, and evidence of similar failures in other patients. Working with an experienced product liability attorney is essential, as they can help gather the necessary evidence and coordinate expert analysis to strengthen your case.

Can I file a claim if the device was recalled by the FDA?

Yes. A recall by the FDA can support your case but is not required to file a claim. A recall can serve as strong evidence that the product was defective, especially if the recall occurred before or shortly after your injury. However, even if the product has not been recalled, you may still have a valid case if the device malfunctioned and caused harm. Conversely, not all recalled devices result in successful claims—proof of injury and causation is still required.

Proven Results in Defective Medical Device Lawsuits

The following are some of the results we have secured for clients in medical device lawsuits:

• $240 million settlement fund for patients who received defective Guidant Cardiac Defibrillators.
• Confidential settlement against Johnson & Johnson in a mass tort action filed on behalf of 200 patients who suffered post-operative infections from sutures that were not properly sterilized.
• Confidential settlement against Kaiser for administrative errors that led to patients waiting for kidney transplants to be eliminated from the national transplant list.

Get Help With Your Case Today

When you work with a California defective medical device lawyer at our firm, you will find that we put your needs first. We are here to support and guide you toward a brighter future, where you can receive the care you need and where manufacturers are held accountable for their misconduct.

For experienced insight regarding a defective medical device, give us a call at (916) 520-6639. Your consultation is free, and our caring defective medical devices attorneys in Sacramento are ready to answer your questions.

For your confidential, free case evaluation, call (916) 520-6639.