Defective medical devices can do a great deal of damage to victims which is why victims should be familiar with what a defective medical device is, what the defective medical device recall process is like and the legal protections available to them if they have been harmed by a defective medical device. Victims of defective medical devices need to be familiar with the legal resources and remedies available to them.
When there is a problem with a defective medical device, the company that manufactures the defective medical device has different options to consider including correction or removal. They may offer a correction to address the defect with the medical device in the place where it is used or sold or removal to address the defect with the medical device by removing it from where it is used or sold. Once the manufacturer of the defective medical device learns of the defect, they initiate the recall and inform the Food and Drug Administration (FDA). The public is also made aware of the recall. The FDA can also require the manufacturer to recall a medical device.
The Federal Drug Administration uses the term medical device recall to refer to when a manufacturer is making a correction or taking a removal action to address the medical device defect that is in violation of federal laws. A medical device recall takes place when a medical device is defective, when it poses a risk to the health and when it is both defective and poses a risk to health. There are a variety of actions that may be taken concerning a defective medical device that are considered recalls.
Victims of defective medical devices are also protected by personal injury legal protections that can help them recover compensation for physical, financial and emotional damages suffered as a result of a defective medical device. It is important for those impacted by a defective medical device to be familiar with the different protections in place to help them when they have been harmed.