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Defective Medical Devices: Legal Recourse for Harm Caused by Healthcare Products

It can be disappointing when a product doesn’t live up to expectations. But there is a vast difference between the average consumer product and a defective medical device that is placed in a person’s body. The risk of serious adverse health effects—or even death—is infinitely higher when such healthcare products fail.  

You have legal recourse if you or a loved one has been harmed or died because of a defective medical device. Read on for an overview of defective product liability claims and how to secure financial compensation for personal injury or death. If you would like customized advice or assistance with starting a lawsuit, please reach out to a personal injury lawyer at Kelly Greenway Bruce.  

defective medical devices

Defective product claims in Canada  

Defective product claims in Canada typically involve allegations of negligence against the product’s manufacturer, designer, or retailer/distributor. When discussing claims arising from personal injury caused by defective medical devices, the negligence can take many forms, such as defective design, manufacturing, and/or marketing of the product. It can also include negligent failure to warn of defect or failure to recall a defective product within a reasonable time frame.  

Defective medical device lawsuits 

The range of medical devices that can cause injury or death is ever widening due to recent technological and medical advances. Here are examples of medical devices that commonly form the basis of defective product lawsuits:  

  • surgical mesh (e.g., used for hernia repair) or surgical staples 

  • pacemakers, implantable cardiac defibrillators, and stents 

  • artificial joint replacements (e.g., knee or hip joint replacements that break or fail to last anywhere near their expected longevity) 

  • cochlear implants 

  • contraceptive devices such as IUDs and other implants 

  • breast implants 

  • failing batteries in medical devices 

According to the most recent statistics released by Health Canada in 2020, the total number of medical device incidents increased almost four-fold over the previous decade. Each year, more suspected products are being reported in the medical device incidents sent to Health Canada. The number of faulty products is likely to continue to increase, given the strong pressure within companies to rush new products to market.  

There is a real financial conflict of interest for healthcare product manufacturers and designers, who want to say the product works well and the failure rate is low, even in the face of contradictory or incomplete data. To make matters worse, large corporations often have strong resources to dodge defective product lawsuits and almost invariably refuse to admit that one of their products is flawed. 

How a personal injury lawyer can help you get justice 

Product liability cases require a lot of work on the part of the injured person (known as the plaintiff in a personal injury lawsuit). To succeed in obtaining compensation, the plaintiff has the burden of proving each of these key elements:  

  1. The defendant owed a duty of care related to the medical device in question;  

  1. The medical device in question was defective (i.e., the duty of care was breached due to negligence in the design, manufacture, or marketing of the medical device);   

  1. The medical device in question caused or contributed to the harm suffered by the plaintiff; and 

  1. The harm caused by the medical device was reasonably foreseeable

A seasoned personal injury lawyer can draw on their experience handling similar defective product claims to help build a strong case on your behalf. The personal injury lawyers at Kelly Greenway Bruce are skilled at investigating claims and gathering evidence to substantiate each element of a defective product case.  

In our experience, medical experts are almost always needed in defective product cases. We have a network of medical experts we can call upon to offer a specialized opinion on the likely cause of injury. We aren’t afraid to stand up to large corporations and have the legal knowledge to manage every aspect of your case so you can focus on your health and well-being.  

Get Trusted Legal Advice From An Experienced Personal Injury Lawyer 

Defective product liability claims can be challenging for so many reasons. You need a trusted, personal injury lawyer on your side. The team at Kelly Greenway Bruce has the skills and expertise to handle your product liability lawsuit from start to finish.  

It’s not easy to get compensation for the damages you endured due to a defective product. A personal injury lawyer from our law firm can simplify the process. We will guide you through each step, protect your legal rights, and gather evidence to put forward the strongest case possible. We pride ourselves on being fierce advocates for our clients. We achieve exceptional results both through settlement and the court process.  

We offer a 100% no obligation and confidential free case evaluation. Our team of qualified personal injury lawyers is standing by and ready to help. 

Contact us in our Oshawa or Lindsay office to arrange your free initial consultation. 


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