Defective Medical Devices

Serving Clients Nationwide From Our Texas Offices in Corpus Christi, San Antonio, and Austin

As a patient or consumer, you should be able to trust the medical devices your doctors and other medical staff are using or implanting into your body. Unfortunately, medical devices have caused thousands of patients additional pain and suffering, more surgeries, and sometimes death. Many medical devices require complex and invasive surgeries that pose a significant risk of permanent or fatal injury. When a device fails, moves, or otherwise starts to harm a patient instead of help, additional procedures may be required to fix or remove the device.

Read more


Contact Us for a Free Case Review

Defective Medical Devices Pose Risk of Serious Injury and Death

Sadly, medical device manufacturers put large profits before patient safety in some instances. Insufficient research on the risks and dangers of a particular device can oftentimes lead to deadly consequences for people seeking treatment for their ailments.

At Thomas J. Henry, we will help you take on the healthcare system or medical device manufacturer that contributed to your injury caused by a faulty medical device. When the unthinkable occurs to you or a loved one and an implanted device begins to hurt instead of heal, contact us immediately. Our experienced defective device lawyers are available 24/7, nights and weekends to take your call.

What is a Medical Device Recall?

Recalls occur when a medical device is defective or a risk to a patient’s health (or both). A device is considered to be recalled if the manufacturer takes actions to correct or remove the device that violates FDA law. In some cases, the recalled device may not necessarily need to be removed from a patient, or the risks of removal outweigh the risk of leaving it in place.

Types of actions that result in a medical device recall include:

  • Inspecting the device for issues
  • Repair
  • Adjusting settings
  • Relabeling
  • Destroying the device
  • Notifying patients of a problem with the defective device
  • Monitoring patients for issues

The FDA is in charge of monitoring all medical devices and drugs available for consumer use. In most cases, a company, including manufacturers and/or distributors, will usually recall their medical devices on their own or voluntarily. However, if a medical device is associated with significant health problems or death, the FDA can legally require a company to recall a device immediately.

When a company recalls a medical device, they will:

  • Contact the customers who received the product from them, and takes steps to reach others who need to be notified usually by press release.
  • Supply information to help users identify the product and take steps to minimize health consequences.
  • Take action to prevent the problem from happening again.

Classification of Medical Device Recalls

FDA classifies medical device recalls into three categories, representing the potential risk to public health: Class I, Class II, and Class III. This classification process usually takes place after the company has issued its recall.

Class I: A situation where there is a reasonable chance that a product will cause serious health problems or death.

Class II: A situation where a product may cause a temporary or reversible health problem or where there is a slight chance that it will cause serious health problems or death.

Class III: A situation where a product is not likely to cause any health problem or injury.
A recall is terminated only after the FDA deems the product no longer in violation of the law and no longer presents a health hazard to patients.

What Types of Defective Medical Devices Are Recalled?

Medical devices of all types have been subjected to recalls. In 2015 alone, there were 32 recalls issued on defective medical devices. Defective medical devices subject to recalls include:

  • Skin grafts
  • Surgical tools
  • Implantable cardioverter defibrillators (ICD)
  • Post-surgical devices
  • Hip implants
  • IVC filters
Contact Us for a Free Case Review

info@tjhlaw.com

Contact Form

Your Questions Answered

We have straight answers to difficult questions to help you make critical decisions, navigate legal process and help you get justice.

A tort is a civil wrongful act committed by a person or company that results in harm to another person. A mass tort is when multiple victims are injured by the same single tort.

In a mass tort, each plaintiff (injured person) has an individual claim resulting from their unique damages. In a class action, many plaintiffs are considered collectively. Similarly, in a mass tort, each individual’s claim “value” is unique to the severity of their injuries. In a class action, plaintiffs generally suffer injuries of similar severity, resulting in the same amount of compensation value.

  • Defective products, such as car parts, toys, or other consumer goods.
  • Pharmaceutical drugs, such as those that are later linked to severe or fatal health consequences
  • Environmental hazards, such as polluted water sources contaminated by nearby industrial sites or an oil leak.

A court will consider if a mass tort lawsuit is permissible by determining:

  • whether a large number of plaintiffs are involved
  • whether the plaintiffs are located near or far from each other;
  • whether the injuries sustained are similar among the plaintiffs;
  • whether the claims arose from the same cause (defective toy, car part, oil spill, etc.)

Thousands of lawsuits across the country may be filed with a mass tort. These lawsuits are filed in numerous federal district courts. In a mass tort, federal judges will consolidate the thousands of lawsuits into a single proceeding. One judge in a single federal district court will oversee litigation, allowing for consistent rulings and a more expeditious process for the plaintiffs.

If you have been injured or suffered illness due to a recalled drug, having an expert witnesses can be essential to proving your claim. Thomas J. Henry has spent decades building professional relationships with leading experts including:

  • Pharmacologists
  • Toxicologists
  • Regulatory Compliance Consultants
  • Forensic toxicologists
  • Drug Injury Causation Experts
  • Biomechanics

Why Choose Us

Help & Information

Thomas J. Henry Automobile Crash Statistics Infographic
INFOGRAPHIC

Car Accident Accident Facts and Statistics

Every year, millions of Americans are injured in crashes involving cars, trucks, and SUVs.

VIDEOS

Are punitive damages available in a Texas auto accident case?

Learn about recoverable damages available to you after suffering an auto accident injury.

Thomas J. Henry Legal Guide "A Guide to Texas Personal Injury Law"
LEGAL GUIDE

Texas Personal Injury Legal Guide

Learn about the car accident claim process in Texas and how best to protect your rights.

Our Practice Areas

Our Locations

Real Stories

Mike Phillips

  • PREMISES LIABILITY
  • NECK AND BACK INJURY

When Mike suffered a back injury after falling down broken stairs at an apartment complex, he called Thomas J. Henry. This is his story.

James Cameron

  • 18- WHEELER ACCIDENT
  • NECK AND BACK INJURY

James was on his way to work when his car lost control due to a trucker spilling acid on the road. After suffering neck and back injuries, he called Thomas J. Henry. This is his story.

Zamrye Escamilla

  • 18-Wheeler Accident 

  • Back Injury

Zamyre underwent two back surgeries after being hit by a company vehicle. She chose Thomas J. Henry to represent her in her case. This is her story. 

Recent Results

This is just a small sampling of the results we have obtained for our clients. Please click through to view more verdicts, settlements, and judgments.
Trucking Accident
$50 Million

Net to Client: $27 Million

Expenses: $1.1 Million

Attorney Fees: $21 Million

NECK INJURIES

SPINE & BACK INJURIES

Trucking Accident
$35 Million

Net to Client: $22.2 Million

Expenses: $100 Thousand

Attorney Fees: $12.8 Million

WRONGFUL DEATH

Product Liability
$30.2 Million

Net to Client: $20.1 Million


Expenses: $39.6 Thousand

Attorney Fees: $10.1 Million

SPINE & BACK INJURIES

Premises Liability
$14.8 Million

Net to Client: $6.7 Million

Expenses: $652 Thousand

Attorney Fees: $7.4 Million

TRAUMATIC BRAIN INJURY

Medical Malpractice
$12.7 Million

Net to Client: $10.4 Million

Expenses: $300 Thousand

Attorney Fees: $2 Million

SPINE & BACK INJURIES

Company Vehicle Accident
$10 Million

Net to Client: $5.6 Million

Expenses: $125 Thousand

Attorney Fees: $4.3 Million

NECK INJURIES

SPINE & BACK INJURIES

Blog

Customer Reviews

Jose Araujo

San Antonio

1 year ago

Mi abogado muy atento con todo me aludo i explicó muy bien I en la oficina todos muy amables I profesionales muchas gracias por todo

Saily Fuentesp

San Antonio

1 year ago

Super recomendado muy profesionales y rapidos tienen servicio en espanol y mantiene informada todo el tu caso

Javier Elias

Corpus Christi

2 years ago

Primero, si pudiera dar una calificación superior a 5 estrellas, lo haría por el excelente trabajo realizado por Thomas J. Henry y su equipo. Él es un gran representante legal y muy honesto.

News & Press

Contact Us for a Free Case Review

info@tjhlaw.com

Contact Form
Loading...
Do you really want to end conversation?
chat-icon Live chat
avatar Waiting