Thousands of people in Oregon depend on medical implants to treat medical conditions. Medical implants include hip implants, breast implants, knee implants, and other devices. Although these medical devices can improve quality of life, they can be dangerous if they are not designed, manufactured, or labeled properly. Defective medical implants can cause painful complications, infections, and even death. If you or a loved one has suffered harm from a defective medical implant, you may be entitled to compensation.
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Types of Medical Implants
Medical implants come in different shapes and sizes, and are used to address a variety of medical conditions. Types of medical implants include:
Hip Implants
Hip implants are used to replace a damaged hip joint. They are typically made of metal, ceramic, or plastic. Some hip implants have been recalled due to defects that cause metal poisoning, dislocation, fracture, or nerve damage.
Breast Implants
Breast implants are used to increase the size or shape of breasts. They are typically made of silicone or saline. Some breast implants have been recalled due to defects that cause deflation, rupture, pain, or scarring.
Knee Implants
Knee implants are used to replace a damaged knee joint. They are typically made of metal and plastic. Some knee implants have been recalled due to defects that cause loosening, dislocation, or fracture.
Other Implants
Other types of medical implants include heart valves, pacemakers, dental implants, and intrauterine devices (IUDs). These implants have also been subject to recalls due to defects.
Defective Medical Implant Claims
Defective medical implant claims involve complex legal and medical issues. In order to succeed in a claim, a plaintiff must prove that the implant was defective, that the defect caused harm, and that the harm was foreseeable.
Types of Defects
Medical implants can be defective in several ways, including:
Design Defects
Design defects occur when a product is unsafe from the outset because of its design. In the case of an implant, a design defect may cause the implant to wear down or fail prematurely.
Manufacturing Defects
Manufacturing defects occur during the manufacturing process, such as when an implant is made incorrectly or is contaminated during production.
Labeling Defects
Labeling defects involve inadequate warnings, instructions, or labeling, which can result in patients not being informed of risks associated with the implant.
Harm Caused by Defective Implants
Harm that may be caused by a defective implant includes:
Physical Harm
Physical harm includes pain, injury, infection, and disfigurement.
Emotional Harm
Emotional harm includes anxiety, depression, and loss of quality of life.
Foreseeability of Harm
In order to succeed in a claim, a plaintiff must also prove that the harm was foreseeable, meaning that the manufacturer should have known about the risk of harm associated with the implant.
Oregon Medical Implant Lawsuits
Oregon residents who have suffered harm from a defective medical implant may be entitled to compensation. In Oregon, a plaintiff has two years from the date of the injury to file a lawsuit. However, it is important to consult with an experienced personal injury attorney as soon as possible, as there may be legal and factual issues that delay the discovery of the injury.
Recalls and FDA Warnings
The FDA has issued warnings and recalls of many types of medical implants. In some cases, manufacturers have voluntarily recalled a product. In other cases, the FDA has taken action to recall a product. The recall of a product does not necessarily mean that a plaintiff will succeed in a claim, but it may provide evidence of a defect.
Class Action Lawsuits
In some cases, plaintiffs may join together to bring a class action lawsuit against a manufacturer. A class action lawsuit allows multiple plaintiffs with similar claims to share the costs of litigation and to seek compensation from a manufacturer.
Conclusion
Medical implants can be life-changing for people suffering from medical conditions. However, when these devices are defective, they can cause serious harm. Oregon residents who have been injured by a defective medical implant may be entitled to compensation. If you or a loved one has suffered harm from a defective medical implant, seek the advice of an experienced personal injury attorney.