A device implanted to improve your health should never be the reason your health declines. When a medical device fails, whether it is a defective hip implant, a malfunctioning pacemaker, or a recalled surgical mesh, the consequences can be life-altering, and the question of who bears responsibility becomes one worth asking.
At Byrd Davis Alden & Henrichson, LLP, we have been standing up for injured Texans since 1959. As Austin’s oldest personal injury law firm, we have secured over $100 million in compensation for our clients and have earned recognition from Super Lawyers, Best Lawyers, and U.S. News & World Report. When a defective product causes you harm, our product liability attorneys are prepared to help you evaluate your options.
What Is a Medical Device Claim?
When a medical device injures someone, the legal remedy typically falls under product liability law. This area of law holds manufacturers, distributors, and sometimes healthcare providers accountable when a product is unreasonably dangerous. A medical device claim may arise from a design defect, a manufacturing error, or a failure to warn patients and physicians of known risks.
According to 2024 data from the U.S. Food and Drug Administration, the FDA documented over 1,000 medical device recalls that year alone, underscoring how frequently these products pose serious safety concerns. Many affected patients are unaware they even have a legal claim.
Who Can Be Held Liable for a Defective Medical Device?
Liability in these cases can extend to more than one party. Depending on how the device failed and how it reached you, responsibility may fall on several entities. The following parties are frequently named in medical device claims:
- The manufacturer may be liable if the device was defectively designed or assembled, or if it failed to carry adequate warnings about known risks
- The distributor or supplier may share liability if they handled or stored the device in a way contributing to the defect
- A healthcare provider may be responsible if the device was implanted incorrectly or if a physician failed to inform you of the risks before proceeding
Each case turns on its own facts, which is why a thorough investigation is essential before any claim moves forward.
Does a Recall Mean You Have a Case?
Not necessarily, but a recall is a meaningful signal. The FDA issues a recall when it concludes that a medical device presents a serious risk of injury or death. If you were harmed by a device that was later recalled, that recall history can become an important piece of evidence in your claim. Even in the absence of a recall, you may still have a viable case if you can establish that the device was defective and caused your injury.
Texas law follows a strict liability standard in many product cases, meaning you do not have to prove a manufacturer was careless, only that the product was defective and caused harm. An attorney can help you determine which legal theory best fits your situation.
What Damages Can You Recover?
Compensation in a defective product or medical device case may cover a range of losses. Medical expenses, both past and future, are typically a central component of any claim. Lost wages and reduced earning capacity may also be recoverable if your injury affected your ability to work. Pain and suffering, as well as emotional distress, are additional categories that Texas courts recognize in these cases.
In some situations, where a manufacturer’s conduct was particularly reckless, punitive damages may also be available. These are designed to punish especially egregious behavior and to deter future misconduct. Our catastrophic injury attorneys are familiar with the full scope of damages these cases can support.
How Do You Know If You Have a Claim?
Time matters in medical device cases. Texas law imposes a statute of limitations that generally gives injured parties two years from the date of injury to file a claim. If a device was recalled, there may also be deadlines tied to the recall date. Acting promptly protects your legal rights and helps preserve critical evidence.
A few factors can help indicate whether a claim may be worth pursuing. If your device has been recalled, if you experienced complications shortly after implantation or use, or if your treating physician has flagged the device as a possible cause of your symptoms, these are all reasons to speak with an attorney. Our team can review the specifics of your situation and help you understand the difference between economic and non-economic damages in Texas as they relate to your case.
Reach Out to Byrd Davis Alden & Henrichson, LLP to Explore Your Options
Medical device claims are among the more intricate matters in personal injury law, involving detailed product histories, regulatory records, and medical documentation. The attorneys at Byrd Davis Alden & Henrichson, LLP bring over six decades of personal injury experience to every case we take on. Kevin Henrichson, Robert Alden, Hunter Wallen, and Carson May are committed to pursuing full and fair compensation for clients who have suffered real harm from defective products.
If a medical device has caused you harm, do not wait to learn what your options are. Reach out to our team through our contact form to schedule a consultation and let us help you determine the best path forward.
