Defective Medical Products

If an individual has suffered as a result of a defective medical device, they can make a claim for compensation if it can be proven that the product was in fact defective, and it was responsible for the injuries suffered – according to the Consumer Protection Act 1987.

Devices of this nature can include:

• Corneal implants
• Cosmetic implants
• Heart devices, such as pacemakers, valves and defibrillator leads
• Replacement hip joints
• Replacement knee joints

Defective medical products can lead to a wide array of injuries and illnesses, some of which may have long-lasting or permanent effects. These adverse outcomes can range from allergic reactions and infections to more severe complications such as organ damage, loss of mobility, or even life-threatening conditions. The psychological impact can also be significant, leading to emotional distress, anxiety and depression.

These products can suffer failures due to defective manufacturing, design or misleading marketing. It is the responsibility of the manufacturing company to ensure that they are effective and have as few side effects as possible. If they fail to uphold this promise, individuals can recover compensation from the manufacturer for injury and subsequent financial loss incurred.

Affected patients can also claim medical negligence against their practitioner if the product was applied incorrectly.

Following an incident caused by a defective medical device, you should know your legal rights. Under the Consumer Protection Act 1987, you may be eligible to seek financial compensation if you can demonstrate that a medical device was defective and caused you harm. Your rights encompass the expectation of safety in medical devices used for your treatment, access to information about these devices, and the ability to obtain compensation for any injuries or financial losses suffered.

You are entitled to legal representation to help you navigate the complexities of product liability and to file a claim within the specified time limits, which is generally within three years from the moment you became aware that the injury related to the defective device. At Ramsdens, we’re committed to protecting these rights and providing the legal support you need to secure the justice and compensation you are due.

Our dedicated team specialises in medical negligence and defective product claims, providing a tailored approach to your unique circumstances. We recognise the complexities of these cases and the impacts they can have on your life, both personally and financially.

When you contact us, we will assess your situation, recommend the best course of action, and let you know an estimate of your chances of success for your claim. If you choose to make your claim with us, we will help you gather the necessary evidence, facilitate communications between the involved parties and represent you in Court if necessary – though this is rarely needed.

When making a claim for injuries and illnesses caused by defective medical devices and products, compensation can cover various aspects, including:

• Medical expenses for treatments, surgeries and rehabilitation
• Loss of earnings if the injury has affected your ability to work
• Cost of care, whether it’s professional care or support from family members
• Pain, suffering and loss of quality of life
• Expenses for any necessary home adaptations or mobility aids

Each claim is deeply personal and reflects the unique impact the defective product has had on an individual’s life. Ramsdens can guide you through what can specifically be claimed in your case, ensuring that all aspects of your injury and its repercussions are considered.

Deciding to bring a compensation claim can seem daunting, but with the help of our expert clinical negligence solicitors, it doesn’t have to be.

Here, we outline the general process of making a claim so you can know what to expect:

1. Initial consultation: your first step will be to arrange an initial consultation with our legal team, during which we will discuss your situation, the medical device in question, and the impact your injury or negligent care has had on your life. This consultation is confidential and will help us to understand the specifics of your case
2. Case evaluation: our experts will review your medical records, the details of the device, and any other relevant documentation to evaluate the strength of your claim. We may consult with medical experts to understand the extent of your injuries and the defect in the product
3. Claim filing: once we’ve established a strong case, we’ll help you file a claim. This involves submitting a legal complaint against the responsible parties, which could be the manufacturer, a medical professional or another entity
4. Gathering evidence: we’ll gather all necessary evidence to support your claim. This may include securing expert testimony, collecting additional medical records, and obtaining statements from witnesses
5. Negotiations and settlement: the majority of defective medical device claims are settled out of Court. We’ll negotiate with the other party’s insurance company or legal team to reach a settlement that covers your damages, including medical costs, lost wages and pain and suffering
6. Court proceedings (if necessary): if an agreement cannot be made in negotiations, we will escalate your claim to Court. We will secure the services of a Barrister to present your case, arguing the merits of your claim with the goal of obtaining a verdict in your favour
7. Post-trial: following a verdict, we will assist with any post-trial motions, collections of your award, and any necessary appeals to ensure that justice is fully served

Throughout each stage, Ramsdens will be with you, providing clear communication and compassionate support, ensuring that you’re informed and comfortable with the progress of your claim.

For most medical negligence cases, including defective medical product claims, you have a time limit of three years from the date that you became aware that injury or illness complained of was as a direct result of the defective product.

For children who have suffered injury or illness, you can claim on their behalf at any time until they turn 18, at which point it becomes their responsibility and they have the same three-year time limit, meaning they must claim before they turn 21.

Exceptions to this time limit are extended to those who lack the mental capacity to make legal decisions, or for those who sustained certain injuries abroad. You should speak to one of our solicitors to get a detailed breakdown of your options if this applies to you.