Now is a time of major historic verdicts involving large corporations and dangers associated with the items they provide. Cases have involved the medical, food and personal care industries. Recently, a California woman has won a product liability lawsuit against talcum powder maker Johnson and Johnson, claiming it contributed to her cancer.
Patients across the country are implanted with medical devices every day. Companies in California that manufacture similar products are responsible for properly testing them before they are available for use, as well as advising patients of any possible risks involved. If a company fails to do so, a person's health may be at risk. A man in another state has recently failed a lawsuit accusing a company of manufacturing a defective medical device.
In most cases involving serious injury involving a medical implant, a person is unable to research a product before it is used. Consumers in California and elsewhere rely on these products to be tested and approved before being used. Any side effects or risks involved are expected to be addressed and resolved before the devices are made available. A defective medical device can cause serious harm to a person's health, and in some cases it can be fatal.
The Centers for Medicare & Medicaid Services -- the CMS -- recently revealed a chilling fact: it has no idea how much money is being spent on defective devices. A single defective medical device can cause profound damage for multiple patients in California, who often must then go on to receive additional care and treatment. Until CMS is sure of how much it spends on related injuries, there likely cannot be any action to curb the impact.
Opponents of the popular birth control device Essure expressed their frustration with the Food and Drug Administration for allowing it to remain on the market. Widely associated with many adverse effects and injuries, women in California and across the rest of the United States are suffering while the FDA appears to be doing very little. Currently, the FDA has made only minor recommendations and also requested that Bayer -- its manufacturer -- conduct another study. Some believe this is simply not enough action for what appears to be a defective medical device.
A growing demand for weight loss in the medical community has helped advance different interventions that can help California patients safely and effectively lose weight. However, a recently approved device has drawn harsh criticism from experts, claiming that it is inherently a defective medical device. Much of the concern focuses on the mental impact of the AspireAssist.
Minimizing the risk of infection is usually one of the top priorities at California hospitals, and staff typically follow strict protocols to help create the safest environment for patients. An out-of-state family claims that a defective medical device compromised a patient's infection-free environment and ultimately caused his death. A product liability suit has since been filed, naming LivaNova, PLC -- the device's manufacturer -- and the hospital as liable parties.
Living with a brain injury requires specific care, treatment and help. Any failure to diagnose a traumatic brain injury can leave victims vulnerable to further injury. A recent internal investigation at the Department of Veterans Affairs revealed that a sizable number of veterans were the victim of medical malpractice after their traumatic brain injuries were misdiagnosed.
Inherently defective and flawed devices continue to harm patients in California for many reasons, but a significant contributor is a simple lack of information on the providers' side. It can be difficult to understand how this can happen in a world perpetuated by 24-hour news cycles and viral videos on social media, but most manufacturers are not exactly eager to cut into their profits by sounding the alarm about a defective medical device. It is possible that a lack of information regarding dangerous devices could soon end as the Food and Drug Administration pushes forward with the Global Unique Device Identification Database.
Advancements in the field of medical care have brought computers and other advanced forms of technology into hospitals, creating opportunities for newer and better treatment options. While these changes have undoubtedly made it easier to fight certain illnesses, most people in California understand just how frustrating computers can be. Malfunctioning software can turn an otherwise functional tool into a defective medical device.