San Francisco Defective Medical Device Injury Attorneys

Seeking Justice for Victims of Dangerous Devices in Northern California

As patients, we trust medical devices to improve our health and well-being. Sadly, millions of victims are injured by defective medical devices every year. If you were harmed by a defective medical device in San Francisco, our attorneys can fight tirelessly for the maximum compensation you deserve.  

At The Cartwright Law Firm, our defective medical device injury lawyers are well-versed in product liability laws to represent your best interests in and out of the courtroom. With over 60 years of experience and a proven track record of results in Northern California, you can trust us to pursue justice while you focus on your recovery. We prepare every case for trial and never shy away from litigation if necessary to hold negligent healthcare companies accountable.

If you were harmed by a defective medical device in San Francisco, we can pursue the fair compensation you deserve. Contact us online to request a free case evaluation. 

What Constitutes a Defective Medical Device?

A defective medical device refers to any medical product, equipment, or implant that fails to perform as intended or poses an unreasonable risk of harm to the patient. This may include issues with design, manufacturing, labeling, or instructions for use that result in injury or illness. 

Common defects leading to medical device injury lawsuits include:

Defective Design

A defective design occurs when a medical device is inherently flawed, making it unsafe even when manufactured correctly. These devices pose risks to patients due to poor planning or testing before release. For example, a hip implant prone to premature failure and causing unnecessary surgeries may constitute a design defect. 

Failure to Warn

Failure to warn occurs when a manufacturer fails to provide adequate instructions or warnings about the risks associated with a medical device. For example, a pacemaker that lacks warnings about potential electromagnetic interference may endanger users. State law places responsibility on manufacturers to warn consumers (Cal. Health and Safety Code § 25249.6).

Defective Manufacturing

Defective manufacturing refers to errors during production that deviate from the device's intended design, potentially rendering it dangerous. Examples include surgical tools contaminated during assembly or devices with faulty components. If you were injured due to defective manufacturing, you may be eligible for compensation under Cal. Civ. Code § 1791.1. 

Common Defective Medical Device Cases We Handle

At The Cartwright Law Firm, we represent clients injured by all types of common defective medical devices. Common cases we handle include:

• Stents
• IVC filters
• Insulin pumps
• Breast implants
• Transvaginal mesh
• DePuy ASR hip devices
• Artificial joints and limbs
• Essure and Mirena IUDs
• Defibrillators and pacemakers
• DePuy and Zimmer knee implants 

Who Is Liable for Defective Medical Device Injuries? 

Under California law, various parties may be responsible for injuries caused by defective medical devices. Common liable parties include:  

Manufacturers

The manufacturer is often the primary liable party in defective medical device injury claims. If the device was defectively designed, poorly manufactured, or lacked proper warnings, the manufacturer of the product may be liable for damages. 

Distributors & Retailers

Distributors, retailers, and wholesalers involved in the distribution and sale of medical devices may be liable for damages if they were aware of the defects or failed to take reasonable steps to prevent them. 

Designers & Engineers

Designers, engineers, and other individuals responsible for designing medical devices may be liable for injuries if a design defect causes harm to consumers. 

Testing Laboratories

Testing laboratories may be liable for damages if they were involved in testing the medical device and failed to identify potential risks or defects, resulting in patient harm. 

Healthcare Facilities

If the hospital or healthcare facility knew or should have known about the risks or defects associated with a medical device, they may be liable for any resulting injuries to patients. 

Healthcare Providers

In some cases, doctors and healthcare providers may be liable if they negligently prescribe or administer medical devices without disclosing known risks to patients. 

How to Win a Defective Medical Device Injury Lawsuit

The injured party (plaintiff) bears the burden of proof in defective medical device injury claims, making it crucial to secure experienced representation as soon as possible after a wrongful injury. To successfully recover compensation, you must prove the following elements:  

1. The defendant designed, manufactured, distributed, or sold a defective product.
2. The product contained the defect when it left the defendant’s possession.
3. You used the product in a reasonably foreseeable manner. 
4. You suffered harm as a result of the defective device. 

At The Cartwright Law Firm, our attorneys have a deep understanding of these legal intricacies to help you identify negligent parties, gather evidence, establish liability, and meet the standard of proof in your case.

Recoverable Damages in Defective Medical Device Lawsuits

Depending on the unique circumstances of the case, various types of compensation may be available in a defective medical device lawsuit. Common recoverable damages include:  

• Economic damages for financial losses, such as medical expenses, immediate and future treatment costs, rehabilitative care, and lost earnings and earning capacity. 
• Non-economic damages for non-financial losses, such as pain and suffering, loss of enjoyment of life, loss of consortium, and scarring and disfigurement. 

In rare cases involving extreme negligence, courts may also award punitive damages. Unlike economic and non-economic damages, punitive damages aren’t awarded to compensate the victim for losses, but to punish the defendant and deter similar behavior in the future. 

Remember, consulting a knowledgeable attorney is paramount to achieving the result you deserve in a defective medical device lawsuit. Our lawyers are well-versed in these cases to accurately calculate damages, maximize available compensation in your case, and pursue a favorable outcome while you focus on making a swift recovery. 

How Can a Defective Medical Device Injury Lawyer Help Me?

Suffering a wrongful injury can be stressful and overwhelming. While it may be tempting to cut costs by waiving your right to a lawyer, securing experienced representation can mean the difference between recovering full compensation and walking away with less than you deserve. 

Some important reasons to work with a defective medical device injury attorney include: 

• Legal guidance. Navigating legal proceedings can be tricky, especially while recovering from a serious injury. Your lawyer can assist with completing and filing required forms and managing key deadlines to keep your case on track. 
• Maximizing available compensation. Your attorney can evaluate your claim with a practiced legal eye to calculate all recoverable damages and maximize the amount of compensation available to you. 
• Proving liability. Establishing liability is one of the most important and challenging parts of any personal injury lawsuit. Your lawyer can help you identify liable parties and gather evidence to meet the burden of proof in your case.
• Representing you at trial. Insurers have a reputation for evading just payouts to protect their bottom line. If necessary, your attorney can represent your best interests in litigation to prevent insurance companies from taking advantage of you and pursue a fair outcome.

Why Choose The Cartwright Law Firm? 

When you choose to work with our personal injury lawyers, you’ll benefit from: 

• Winning results. Our proven track record of results makes us one of the top personal injury firms in Northern California. 
• Trial readiness. Our attorneys prepare every case for trial and never shy away from litigation if necessary to achieve a fair outcome. 
• Client-centric counsel. Our firm takes pride in providing compassionate and strategic counsel tailored to your unique legal needs. 
• Extensive experience. When you choose The Cartwright Law Firm, you’ll put over 60 years of experience on your side. 

If you were harmed by a defective medical device in San Francisco, our firm can aggressively pursue justice. Call (415) 851-6486 to schedule a free consultation.