Ohio Defective Product Law: Injuries Caused by Defective Medical Devices

Four doctors in hospital operating room with patient lying on operating table. Visual concept for a legal blog discussing the Ohio Defective Product Law and Defective Medical Devices.

Consumers rightfully expect that medical devices will improve their health, not harm it. But defective medical devices, including some hip, knee, and ankle replacement devices, are all prone to problems. Some have been recalled due to product defects or malfunctions. When these defective medical devices cause harm, the injured victim is entitled to compensation. Unfortunately, obtaining the compensation you and your family deserve is not always straightforward. A defective medical device lawyer at Robenalt Law can evaluate your situation, help you evaluate your options, and fight for the compensation you deserve.

Founder and managing attorney Tom Robenalt began his legal career at a Cleveland insurance defense firm where he represented corporations, insurance companies, doctors, and hospitals in complex medical malpractice and product liability litigation. Since 1997, he has exclusively represented people who were injured and families of people who were killed because of others’ negligence. A caring and compassionate advocate, he is proud to help injured people in their fight against insurance companies and big corporate interests.

To put our experience to work for you, contact Robenalt Law today to schedule a free and confidential appointment to discuss your situation and how we can help.

What Is a Defective Medical Device?

As a general rule, consumer products, including medical devices, must function as intended. This does not mean that these devices must be incapable of causing harm. Rather, the product must not malfunction when used as intended.

When a medical device causes harm, an experienced product liability lawyer with a background in defective medical devices can evaluate your situation to determine whether the device failed and, if it did, who was responsible.

Examples of Defective Medical Devices

Most medical devices function as intended, without problems, complications, or the need for expensive and painful revision surgeries. But when a medical device is defective and does not function properly, it can have devastating consequences for the victims. Robenalt Law’s Ohio product liability attorneys fight to hold defective medical device manufacturers responsible for the harm they caused and can help people injured by defective medical devices obtain the compensation they deserve.

Exactech Liners Knee and Ankle Recall

Exactech manufactures knee and ankle implants that serve as artificial cartilage within the replacement joint. Many patients require knee or ankle replacements because of excessive cartilage wear, and this component is critical for ensuring smooth joint movement. However, Exactech revealed that since 2004, approximately 80% of packaged liners were improperly sealed and did not have a secondary barrier layer. This oversight led to increased rates of oxidation, which degraded the liners’ mechanical properties and caused early failure.

Titanium Hip Replacement Problems

The problems with metal-on-metal hip replacements have been so pervasive that the Food and Drug Administration (FDA) has launched investigations into their safety. Patients who experienced health complications because of hip replacements, required revision surgeries, or suffered the failure of a hip replacement may be entitled to compensation.

Knee Replacements

Many patients experience complications after knee replacement surgery, including joint instability, nerve damage, loosening components, and reduced range of motion. These complications may require additional surgeries and ongoing medical treatment.

Zimmer Persona Knee

For a knee replacement to function properly, the tibial plate must bond firmly with the bone. Unfortunately, the Zimmer Persona® Trabecular MetalTM Tibial Plate may not achieve a secure bond, which can lead to long-term instability and significant complications that often require painful revision surgeries. In 2015, Zimmer recalled over 11,000 Persona® Trabecular MetalTM Tibial Plate devices.

Proving a Medical Device is Defective

When injuries result from a defective medical device, the injured person can pursue a product liability claim to seek compensation. There are three ways a defective medical device attorney can prove a medical device was defective.

  1. There was a defect in the way the product was designed. A design defect refers to an inherent flaw in the product’s design that makes it unsafe even when used as intended.
  2. There were errors in the way the product was manufactured. Manufacturing defects result from errors in the production process, such as the way the product was constructed or assembled.
  3. The manufacturer failed to adequately warn consumers of potential risks of the product. A marketing defect occurs when the product had inadequate instructions, unclear guidelines, or did not warn users of potential risks of injury.

How an Ohio Defective Medical Device Attorney Can Help

To succeed in your Ohio product liability claim, you must prove the medical device was defective in its design, manufacture, or marketing. Identifying who was negligent and proving they were at fault is a complicated, expensive, and challenging task.

Our Ohio product liability attorneys can determine how you were injured by a defective medical device, identify who was at fault, and fight to hold them responsible for the harm they caused. Robenalt Law handles product liability lawsuits on a contingency fee, which means that there are NO fees unless we win.

Contact Robenalt Law Today

Robenalt Law has offices in Cleveland and Columbus and handles product liability and wrongful death cases throughout Ohio and nationwide.

Call our Cleveland office at (216) 223-7535 or our Columbus office at (614)-695-3800 or contact us online to schedule a free, confidential, no-obligation appointment to discuss your situation and how we can help.