Defective Medical Devices
Joseph M. Lyon is one of the few defective medical device Lawyers in Ohio. He has worked on Medtronic and Guidant ICD cases, as well as Medtronic Fidelis Lead litigation. Moreover, he was one of the first lawyers in the country to get involved in cases arising from Drug Eluting Stents. Currently, he is accepting cases involving the Kugel Mesh Hernia Patch as well as Transvaginal Patches.
Defective Medical Device Lawyers
Medical device product liability litigation is a complex and challenging type of product liability litigation. Most claims for defective medical devices arise from a manufacturing defect (that is, the product did not meet the manufacture’s (FDA Approved) specifications, the materials used were defective, the sterilizations process was defective etc.) However, some cases are brought under a design defect theory (that is, the concept was unreasonably dangerous in the manner in which it was designed and a cheaper/safer alternative was available). Other causes of action include breach of warranties and fraud in exceptional circumstances.
In recent years, the development of Preemption and the Supreme Court ruling in Riegel v. Medtronic has severely limited the design defect claims. However, there has been a large public outcry from the medical community defective medical device lawyers and other consumer advocacy groups to implement new legislation that clearly allows State law claims to exist. Furthermore, the current policy to prevent State law claims is inconsistent with the law for injuries arising from defective drug or other products. A Federal Bill is pending in Congress that will address these issues.
Notwithstanding the challenges, defective medical device lawyers continue to represent patients and are bringing claims arising from defective medical devices approved through the 501k (grandfather process) or based upon a “parallel claim” (manufacturing defect) with some degree of success. Like pharmaceutical litigation, given the large scale reach of the products, these cases often involve multidistrict litigation and coordination through the Multidistrict Litigation Panel or State coordinated process. Joseph Lyon, one of the few defective medical device lawyers in Southern Ohio, has worked successfully on the Guidant/ Medtronic (ICD) litigation and Depuy hip replacement failures. Currently, he is working on Kugel Mesh, Drug Eluting Stents, Medtronic Fidelis Leads, and Zimmer Durom Hip Replacements.
Please see the side panel for more specific articles on defective medical devices.
