Girardi | Keese

Report: Medical Devices Often Inadequately Tested

A recent investigation by Consumer Reports Magazine has concluded what far too many Californians know firsthand: many medical devices are released to the market without adequate safety testing. These defective medical devices often fail and result in massive class action lawsuits, but medical device manufacturers know that they can make millions of dollars before the first lawsuits come in.

The result of the current regulatory regime of the Food and Drug Administration is that companies can put profits above patient safety by paying a $4,000 administrative fee to push wholly untested dangerous medical devices to doctors and patients.

The conclusion of the Consumer Reports investigation is that there is little that consumers can do to protect themselves from a defective medical device. There is no systematic way for patients to proactively identify defective medical devices, especially if the devices are relatively new.

There are many types of defective medical devices that are still implanted in Californians including:

  • Vaginal surgical mesh
  • All-metal hip implants such as the DePuy ASR
  • Lap Bands
  • Implantable cardioverter-defibrillators
  • Vena cava filters

Californians that have had any of these medical devices implanted should monitor their levels of pain and discomfort and contact an experienced law firm if they have any symptoms of device failure.

Source: Consumer Reports, "CR Investigates: Dangerous medical devices," May

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