We trust doctors to fix us. Sometimes, they use special tools or implants to do it. A pacemaker for your heart. A metal hip to help you walk. A mesh patch to fix a hernia.
We expect these devices to be safe. But what happens when the device itself causes the injury?
Every year, thousands of people are hurt by “defective” medical devices. These are not just small accidents. They can cause permanent pain, new surgeries, or even death. If this happened to you, you are not alone, and you have rights.
Here is what you need to know about medical device lawsuits and how to get the money you deserve.
The Big Difference: Malpractice vs. Product Liability
First, you need to know who to blame. This is the most common mistake people make.
- Medical Malpractice: This is when the doctor makes a mistake. (Example: The surgeon put the device in the wrong spot).
- Product Liability: This is when the device is broken or dangerous. (Example: The surgeon did a perfect job, but the metal hip rusted inside your body).
Most of these lawsuits are Product Liability cases. You are not suing your doctor; you are suing the giant company that made the device.
Is Your Device on the “Recall List”?
The FDA (Food and Drug Administration) watches these companies. When they find a problem, they issue a Recall.
A recall means the device is dangerous.
- Class 1 Recall: The most dangerous. The device could kill you or cause serious health problems.
- Class 2 Recall: The device might cause temporary health problems.
If you have an implant, you need to check if it has been recalled. You can search the FDA database, or ask your doctor for the “Device Identification Number.”
3 Common Dangerous Devices (2024-2025)
Lawyers are currently fighting huge battles over specific devices. If you have one of these, you might have a case right now.
- Hernia Mesh: Doctors use a plastic net to fix hernias. Some brands (like Ethicon or Atrium) are accused of making mesh that rots, shrinks, or cuts into organs.
- CPAP Machines: Philips recalled millions of sleep apnea machines because the foam inside might be breaking down and causing cancer.
- Hip Implants: Some metal-on-metal hip replacements were supposed to last 20 years but failed in just 5 years, poisoning the blood with metal flakes.
Potential Settlement Amounts
How much is a case like this worth? It depends on how badly you were hurt.
| Injury Level | Estimated Settlement Range | What it Covers |
| Revision Surgery | $50,000 – $150,000 | Cost of the second surgery to fix the issue. |
| Permanent Injury | $150,000 – $500,000 | Long-term pain, loss of job, disability. |
| Wrongful Death | $500,000 – $2,000,000+ | Support for the family left behind. |
The “Mass Tort” Advantage
You might be scared to sue a billion-dollar company like Johnson & Johnson. You think they will crush you.
But you won’t be fighting alone. These cases are often grouped into Mass Torts or MDL (Multidistrict Litigation).
- How it works: Thousands of people with the same injury sue the same company.
- The Benefit: Lawyers share evidence. If one person wins, it puts pressure on the company to settle with everyone.
- No Risk: Almost all mass tort lawyers work on “contingency.” You pay $0 upfront. They only get paid a percentage (usually 30-40%) if they win your money.
Steps to Take Immediately
If you think your implant or device is causing you pain, do not wait.
- See a Doctor: Do not suffer in silence. Get medical proof that something is wrong.
- Save the Evidence: If you have surgery to remove the device, tell the doctor you want to keep it. It is your property. It is the most important piece of evidence you have.
- Check the Deadline: Every state has a “Statute of Limitations.” You usually have 2 years from the time you realized the device was hurting you. If you wait too long, you get nothing.
Protect Your Future
You didn’t ask to be injured. You just wanted to get better. If a company sold a dangerous product to make a quick profit, they should pay for the damage they caused.
Check your medical records today. Find the name of your device. Then, contact a specialized “Product Liability” attorney. A simple phone call could be the difference between paying your own medical bills and getting a check that secures your family’s future.