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Defective Devices

Defective Devices

Chaffin Luhana LLP represents people and families who have been injured by defective medical devices. We have extensive experience at investigating and litigating lawsuits on behalf of consumers who have been injured by defective medical devices, including for example:

  • Pain Pumps
  • Transvaginal Mesh
  • Bard Avaulta Mesh
  • Inferior Vena Cava (IVC) Filters

Lawsuits Involving Defective Devices

Hundreds of lawsuits are pending against companies who manufacture, market and distribute medical devices. The lawsuits cover a variety of claims, including:

  • A manufacturing defect prevented the device to work properly, resulting in severe injuries and/or death
  • Manufacturers of a device failed to warn healthcare providers and/or consumers of the potential dangers associated with use of the device
  • Manufacturers failed to perform adequate testing of the device to ensure safe use
  • Companies who make, market and distribute medical devices acted negligently by knowingly marketing and selling dangerous medical devices

At Chaffin Luhana, we recognize that every case involving a defective medical device has its own set of unique circumstances. This is especially true because in cases such as Riegel v. Medtronic, the U.S. Supreme Court ruled that the vast majority of medical device lawsuits are preempted by FDA regulations, thereby barring such lawsuits. Accordingly, until Congress offers relief from this ruling through the Medical Device Safety Act or similar legislation, Chaffin Luhana is very selective in the medical device cases it handles. We are, however, pursuing pain pump, transvaginal mesh and IVC filter cases, which we believe involve legal claims that are not preempted by Riegel. Chaffin Luhana is also pursuing over-the-counter denture cream cases involving Super Poligrip and Fixodent denture creams, which are classified by the FDA as a Class I medical devices. These cases are in no way preempted by Riegel. You can read more about our work in the denture cream litigation in the dangerous drug section of this website.

Dangerous Medical Devices Can Lead To Serious Injuries

We advocate to make sure injured victims are able to get enough compensation to seek the necessary treatments they need to live comfortably with the new challenges they face. Following are some of the many dangerous injuries that have been associated with dangerous or defective devices:

  • Blood clots
  • Pulmonary embolism
  • Severe physical pain
  • Serious infection
  • Urinary or bowel problems
  • Hemorrhage
  • Perforation of vital tissue, vessels or organs
  • Deterioration of cartilage in the joints
  • Death

These are only some of the potential injuries patients may experience from defective devices. While some injuries can be reversed and treated, others may be life changing and may result in permanent disabilities or death. It is highly important for injured victims to consult with an experienced product’s liability attorney who knows how to deal with these types of cases.

At Chaffin Luhana LLP, we have a proven record of success in handling cases involving medical devices. We are not afraid to stand up to even the largest pharmaceutical companies. For more information about your case or the specific types of cases we handle, contact our law offices today. We serve clients nationwide.



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according to eric t. chaffin

“My father was a union witness at an arbitration in a steel mill. After the hearing, my father, dressed in blue jeans and a sweatshirt, stuck out his hand to shake hands with the company’s lawyer. The lawyer refused. The lawyer was not upset because my dad got the best of him but because he frowned upon working class people. I was the first person in my family to graduate from college. My dad used this story to remind me to respect others, to remember where I came from and as an example of how not to conduct myself as a lawyer.”

eric t. chaffin

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