As consumers, we make countless decisions every day. Some are as minor as whether to buy the brand name or the generic, and others are much more significant.
When it comes to surgery, the truth is that you don’t have that much of a choice: you rely on your physician to recommend a procedure, and if it involves the implant of a medical device, you assume that if it’s on the market, it has been manufactured well and the maker would have publicized any concerns so that your physician could be aware of any risk factors.
Unfortunately, that assumption does not always hold true. Over the last several years there have been a rapidly expanding number of defective medical devices that have been blamed for injuries and deaths. Some have led to patients requiring revision surgery to undo the damage that they have done. Some have led to relentless pain or disability. Some have even led to fatalities.
If you’ve undergone a surgical procedure that included the implantation of a medical device, it is normal for you to need time to rehabilitate. Everybody heals at their own rate, and you need to listen to the advice of your physician about what you can and can’t do to aid your own recovery. But if you are experiencing unusual side effects or pain that does not diminish over time, it is important for you to discuss it with your surgeon and alert them to anything that you suspect might be an indication of a defective medical device.
One of the most important things that a consumer can do after experiencing adverse effects from a defective medical device is to report it to the U.S. Food and Drug Administration. That agency is responsible for approving medical devices before they are brought to market following what is supposed to be a rigorous testing regimen, and they also track reports of problems that patients experience after the devices have been implanted. If enough reports are received and they are serious enough, the FDA may end up recalling products or requiring manufacturers to issue warnings to consumers and physicians.
Patients who suffer significant injuries as a result of a defective medical device are often entitled to compensation for the damages that they’ve suffered. This compensation can be provided for medical expenses, lost wages, pain and suffering and more.