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Duffield, Lovejoy, Stemple & Boggs, Attorneys at Law

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What happens when a medical device is under a recall?

When a medical device recall goes into effect, it could mean that your health and safety are at risk. Prompt action from the company and your quick action to have the issue resolved could have a significant impact on the damage that a defective medical device can cause. However, if you have a device that is under recall, you would be wise to learn if there was a violation of your rights in any way.

You have the right to a reasonable assumption of safety when you agree to the implantation or use of a medical device or product in your body. If companies delay in notifying patients of issues, West Virginia doctors do not notify patients in a timely manner or other issues arise, victims could have the right to take legal action.

What happens next?

When a medical device is under recall, the company has two courses of action it may take. These include either a correction to fix the problem or a recall to remove and replace the product. A correction can occur with any products not already in use, but it could also mean that the product you are currently using needs repair as well. Sometimes, an inspection or adjustment is sufficient, but other times, it may mean more invasive measures.

When a recall goes into effect, your doctor may contact you to inform you of the problem. Depending on the nature of the issue and the severity of the risk, he or she should also inform you of the danger of leaving the product in place or the necessity of having it removed. Other courses of action to address a defective medical device or product include:

  • Repairing the device
  • Adjusting the settings of the device
  • Thorough inspection of the device or product
  • Removing and destroying the device
  • Close monitoring for further health issues

When it comes to your health and safety, medical product manufacturers bear the responsibility to identify, contain and eliminate risks, even in products already in use by patients.

What are your rights?

Medical device recalls are not uncommon, but you have certain rights if a defective medical product had a detrimental impact on your health and well-being. If you did not receive notice of a problem or already experienced issues with a product or device you are using, you would be wise to apprise yourself of your rights and legal options.

In some cases, victims of defective medical products have the right to financial compensation. If you believe that you may have a valid case, you do not have to face the civil claims process without guidance and support.

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