When a medical device fails, the consequences can be devastating. If you or a loved one suffered an injury from a defective medical device, you may have the right to pursue compensation. A defective medical device lawyer can help you understand your legal options. The Bruner Law Firm represents injured patients throughout Florida who have been harmed by dangerous medical devices. We investigate these cases and work to build evidence-based claims for our clients. Our product liability attorneys have recovered millions in compensation for injured patients.
Why Choose The Bruner Law Firm for Your Medical Device Injury Case
The Bruner Law Firm has spent more than 30 years representing injured people in Florida. We represent plaintiffs in product liability cases. This means your interests come first. We do not represent manufacturers or insurance companies—only injured patients.
Our team includes attorneys with extensive experience handling complex product liability cases. Drew Gordy Bruner is recognized as a Super Lawyer by Thomson Reuters. He holds an AV-Preeminent rating from Martindale-Hubbell, the highest rating for legal ability and ethical standards. He is also a Fellow of the American Bar Foundation, an honor given to fewer than one percent of lawyers in the country.
The Bruner Law Firm is a multi-generational family firm founded in 1992. Our founder, Vincent Michael Bruner, served as a Florida State Senator. This family continuity means you work with attorneys who understand the importance of commitment and accountability. We investigate medical device cases thoroughly, examine manufacturing records, design documentation, FDA reports, and adverse event data and we identify patterns of injury and pursue claims against manufacturers who prioritize profits over patient safety.
Understanding Defective Medical Devices
A defective medical device is a product used in medical treatment that fails to perform as intended or causes harm to the patient. Medical devices range from simple items like surgical instruments to complex implants like pacemakers and artificial joints. Devices can harm patients in several ways. A device might have a poor design, incorrect manufacturing, or lack adequate warnings about risks. Sometimes manufacturers know about problems but fail to warn doctors and patients. Other times, they rush devices to market without proper testing.
The FDA approves medical devices before they reach patients, but approval does not guarantee safety. The FDA uses a process called “substantial equivalence” for many devices. This means the manufacturer only needs to show that a new device is similar to one already on the market. This process does not require the same rigorous testing as new drug approvals. Even after approval, manufacturers must monitor devices for problems and report adverse events to the FDA. When they fail to do so, patients suffer. Understanding FDA regulations and device approval is crucial to your case.
Types of Medical Device Defects
Design defects occur when the device itself is unsafe, even when manufactured correctly. A pacemaker with faulty wiring or a hip implant with an unstable design are examples of design defects. Manufacturing defects happen when something goes wrong during production. A manufacturer may contaminate a device, assemble it incorrectly, or use substandard materials. Failure to warn occurs when manufacturers do not provide adequate information about risks. Doctors and patients need to know about potential complications so they can make informed decisions.
Common Medical Devices That Cause Injuries
Hip implants fail when the materials wear down or the device loosens from the bone. Patients experience pain, limited mobility, and often need revision surgery. Pacemakers and defibrillators can malfunction or fail to deliver electrical therapy. They can also cause infection. These failures can be life-threatening. Surgical mesh used to repair hernias can erode through tissue, migrate, or cause chronic pain and infection. Many patients require multiple surgeries to remove or replace the mesh.
Knee replacements can wear out prematurely or fail due to design or manufacturing problems. Patients lose function and experience severe pain. IVC filters are placed in veins to prevent blood clots. Some filters break apart, and pieces travel through the bloodstream, causing serious injury or death. If you’ve been injured by any of these devices, contact our defective medical device lawyers immediately.
How Defective Medical Device Cases Work
When you hire The Bruner Law Firm, we begin by gathering your medical records. We learn the details of your injury and consult with medical experts. These experts review your case and explain how the device failed and caused your harm. We investigate the manufacturer’s conduct. We obtain internal documents, emails, and test results. These materials show what the company knew about the device’s dangers. We review FDA reports of similar injuries reported by other patients. We examine the device’s design and manufacturing process.
Manufacturers face liability for defective devices under product liability law. You do not need to prove the manufacturer knew about the defect. You only need to show that the device was defective and that the defect caused your injury. This is called strict liability. We pursue compensation through settlement negotiations or trials. Many cases settle when manufacturers realize the strength of our evidence. If a settlement is not fair, we take the case to trial and present our evidence to a jury.
Compensation Available for Medical Device Injuries
Medical expenses include all costs related to your injury. This covers emergency treatment, surgery, hospitalization, medications, and ongoing medical care. If you need future treatment, we include those costs in your claim. Lost wages cover income you lost while recovering from your injury. If the injury prevents you from returning to work, we calculate your lost earning capacity for the remainder of your working life.
Pain and suffering damages compensate you for physical pain, emotional distress, and reduced quality of life. These damages recognize that your injury caused more than just financial loss. Wrongful death damages apply if a defective device caused someone’s death. These damages go to the surviving family members. They cover funeral expenses, loss of companionship, and loss of financial support.
Punitive damages punish manufacturers for gross negligence or intentional misconduct. When a company knowingly puts a dangerous device on the market, punitive damages send a message that this conduct will not be tolerated. Understanding what damages you can recover helps you evaluate your claim.
Why Manufacturers Must Be Held Accountable
Manufacturers have a duty to design safe devices, manufacture them correctly, and warn about risks. When they fail in this duty, people suffer serious injuries. FDA approval does not mean a device is safe. It means the manufacturer met minimum requirements for approval. After approval, manufacturers must continue monitoring devices and report problems. When they ignore warning signs or hide adverse events, they prioritize profits over patient safety.
Patients trust that medical devices have been properly tested and are safe. Manufacturers exploit this trust when they cut corners or conceal problems. Lawsuits hold them accountable and encourage them to invest in safety and be honest about risks. When you pursue a defective medical device claim, you help protect other patients. Your case sends a message that manufacturers must take responsibility for the devices they put into people’s bodies.
Frequently Asked Questions
What is the statute of limitations for filing a defective medical device lawsuit in Florida?
In Florida, you generally have two years from the date of injury to file a defective medical device lawsuit. An absolute deadline of four years applies from the date of the incident. The discovery rule may apply if you did not immediately discover the injury.
Do I need to prove the manufacturer knew about the defect?
No. Product liability law holds manufacturers strictly liable for defective devices. You do not need to prove the manufacturer knew about the problem or acted negligently. You only need to show that the device was defective and that the defect caused your injury. This makes it easier for injured patients to recover compensation.
Can I sue if the device was FDA-approved?
Yes. FDA approval does not prevent you from suing. The FDA approval process does not guarantee that a device is completely safe. Many defective devices have FDA approval. If a device causes injury, you can pursue a claim regardless of whether the FDA approved it. Our medical device lawyers can explain your options.
How long does a defective medical device case take?
The timeline depends on the complexity of your case and whether it settles or goes to trial. Simple cases may settle within months. Complex cases with multiple injuries or significant damages may take one to three years or longer. The Bruner Law Firm will keep you informed about the progress of your case. Understanding the personal injury case timeline helps you plan accordingly.
What if multiple people were injured by the same device?
Courts may combine cases into a mass tort or class action when the same defective device injures many people. In a mass tort, courts coordinate individual cases while each person pursues their own claim. In a class action, one or more people represent all injured patients. Both approaches can be effective. The Bruner Law Firm will explain which option makes sense for your situation.
How much does it cost to hire The Bruner Law Firm?
The Bruner Law Firm represents clients on a contingency fee basis. This means you do not pay any upfront costs. We only collect a fee if we win your case or reach a settlement. If we do not recover compensation, you owe us nothing. This arrangement lets injured people pursue justice without financial risk.
Contact The Bruner Law Firm for a Free Consultation
If a defective medical device has injured you or someone you love, do not wait. Call The Bruner Law Firm today for a free consultation at (850) 243-2222 or visit our contact page. The Bruner Law Firm will review your case, answer your questions, and explain your legal options. We serve injured patients throughout Florida and are ready to help you pursue compensation. You pay nothing unless we win or settle your case. Our free case evaluation process is straightforward and confidential.
