Medical Device Attorneys
Helping You Repair from a Defective Medical Device
Chaffin Luhana’s legal team is here to support you after a defective medical device causes harm.
What People Say About Chaffin Luhana
More Than 1,200 Five-Star Reviews
Sometimes FDA Regulations Aren’t Enough to Protect Patients
Manufacturers can make mistakes. They can also knowingly put defective medical devices on the market.
Undergoing surgery can be scary; it’s even scarier when you’re afraid you’ll be given a defective medical device. When you depend on the experts to take care of your health, and you have little control over the details of how they do that, it can feel like an abuse of trust when something goes wrong.
Every defective medical device lawsuit has its own nuances. Our defective medical device attorneys will evaluate every detail of your claim, from the injury the defective device caused to the reason you were injured, to help you navigate the best path forward. If you or a loved one suffered an injury, wrongful death, or other losses from a defective medical device, reach out for a free case review today.
Defective Medical Device Claims
When the Devices are Unsafe and the Companies’ Decisions are Unsound
Filing a defective medical device claim helps you recover and protects others from injury.
Unfortunately, not every medical device claim will see its day in court. The U.S. Supreme Court decided in Reigel vs. Medtronic that a claimant can’t sue a manufacturer under state law if the device was a PMA-approved device. Our defective medical device lawyers carefully analyze each claim to ensure you have standing to sue, and to determine who’s liable and the damages to which you’re entitled. The following are medical device claims Chaffin Luhana is currently reviewing.
Breast Implants
As of June 2019, a recall has been in place for Allergan textured breast implants for their potential connection to causing anaplastic large cell lymphoma (ALCL). Allergan continued offering these breast implants in the U.S. market after they had recalled the product in other countries.
CPAP/BiPAP
Philips, the maker of certain CPAP and BiPAP machines issued a recall for these products that were manufactured between 2009 and 2021 because they put users at risk of inhaling toxic chemicals.
Hernia Mesh
Although hernia mesh has been used by doctors for decades, many of the devices have been repeatedly recalled for manufacturing and design defects. If you or a loved one has suffered injuries or other losses due to defective hernia mesh, you can learn more about these lawsuits here.
Knee Implant
Many knee implant manufacturers are defending claims their knee implants are defective, but six companies seem to be the worst offenders: Biomet, ConforMIS, DePuy, Smith & Nephew, Stryker, and Zimmer.
Metal on Metal Hip Implants
There are a few options for replacement joints when a patient undergoes a hip replacement. While metal-on-metal joints were originally thought to be a better choice because they would last longer, we now know that these joints can cause a long list of issues in patients.
Paragard
The copper IUD manufactured by Paragard was thought to be a marvel of medical advancement for women who reacted poorly to hormonal birth control. Unfortunately, this medical device can move from where it’s been implanted and perforate a patient’s internal organs.
Surgical Stapler
When a surgical stapler malfunctions, it can cause catastrophic and sometimes fatal injuries. The FDA hid reports of these malfunctions so many doctors and physicians were unaware of the dangers of using this type of medical device.
Over $1 Billion Recovered to Help Clients Move Forward
We help injury survivors recover compensation for:
Medical Expenses
Long-Term Care Needs
Loss of Enjoyment of Life
Emotional Distress
Pain and Suffering
Lost Past and Future Wages or Income
An Experienced Dangerous and Defective Product Law Firm
Other Types of Personal Health & Dangerous Product Claims We Handle
Dangerous Drugs
When you’ve been prescribed a drug, you must be able to trust that something you’re going to put in your body is safe. When pharmaceutical companies don’t adequately test or prioritize profits over safety, the drugs they produce can be dangerous for patients. If you or a loved one has suffered injury or wrongful death as the result of a dangerous drug, Chaffin Luhana will help you move forward.
Types of dangerous drug lawsuits include:
Defective Consumer Products
When defective consumer products enter the market, they can cause injuries and other losses to users of said products. Types of defective consumer product lawsuits include:
Our Legal Team
Defective Medical Device Lawyers Who Care
We believe in showing up for our clients every step of the way.
With more than 250 years of combined experience, our attorneys, social workers, nurses, and legal professionals lead with care and fight with purpose.
Why People Choose Chaffin Luhana
It’s Not Just What We Do. It’s How We Show Up for the People We Serve.
We Listen First. Then We Lead.
We know traumatic stories can be are hard to tell. We’ll never rush you or judge you. We make space for what you’ve been through before we build a path forward.
Relentlessly Skilled. Fiercely Human.
Our team includes seasoned trial lawyers, former prosecutors, nurses, paralegals, and social workers, — combining sharp legal strategy with real compassion. You’ll feel both.
Known for Results. Remembered for Care.
Winning your case matters. But helping you move forward — legally, emotionally, and financially — is what sets us apart.
Nationwide Reach: Local Offices in Connecticut, New York, Pittsburgh, and West Virginia
Dangerous Products Endanger Everyone
Chaffin Luhana is here for you.
Defective Medical Devices FAQs
1. What is a Defective Medical Device?
A defective medical device is any medical device that fails to perform as intended or poses an unreasonable risk to patients’ health and safety. Many factors can make a medical device defective, they include:
- Design flaws
- Manufacturing errors
- Incorrect, incomplete, or otherwise inadequate instructions
- Inadequate risk warnings
- How Do I Sue for Injuries from Defective Medical Devices?
Defective medical device claims are nuanced and require a defective medical devices attorney with a lot of experience. Here are the basic steps to filing a claim.
- Contact an attorney. Many personal injury and defective medical device firms like Chaffin Luhana will evaluate your claim for free. They’ll explain the statute of limitations and help you navigate the legal process.
- Gather evidence. Collect all of the relevant documents including emails, recall notices, doctors’ bills, medical records, etc.
- Identify the responsible parties. The responsible party could be the manufacturer or designer, the distributor or retailer, the hospital or medical facility where the procedure occurred, the doctor or healthcare provider that performed the procedure, or the independent testing laboratory that was supposed to ensure the device’s safety.
- Determine the extent of the damages. You will want to collect all documentation on financial losses, pain and suffering, lost wages, etc.
- File a lawsuit. Your defective medical device attorney will help you file a claim against the responsible party once steps 1-4 have been completed.
2. Who Helps with Injuries from Defective Medical Devices?
If you are currently injured or suffering an adverse reaction to a defective medical device, you should seek medical attention right away. Afterward, you should report the incident to the FDA.
A personal injury lawyer that specializes in defective medical devices, like the attorneys at Chaffin Luhana, will help you recover damages from the responsible parties so that you have what you need to repair and move forward.
3. Who is Responsible for Defective Medical Device Injuries?
The party responsible for the defective medical device injury will depend on the cause of the injury.
- Manufacturer/Designer. If you or your loved one suffered an injury due to a design defect or an error made while manufacturing the device, then the manufacturer or designer are responsible.
- Distributor/Retailer. The distributor or retailer can also be held liable for manufacturing or design defects if the injury occurred while the product was being used as intended. They can also be held liable for inadequate warnings about the device’s potential risks or if they don’t provide doctors or patients with adequate instructions or warnings. In addition, a distributor or retailer can be held responsible for your injury if the device didn’t meet the seller’s guarantee of quality.
- Who is Responsible for Defective Medical Device Injuries’ Health Problems?
If you are suffering ongoing or chronic health problems as the result of a defective medical device injury, the same party that was responsible for your original injury, is responsible for the ongoing health problems it caused. For a detailed explanation of responsible parties, please refer to the FAQ above.
Award-Winning. Client Focused.
Insights From an Attorney for Defective Medical Device