Seeking Justice When Critical Equipment Fails
A medical device is supposed to improve your health, not create a new crisis. But when medical devices fail, the consequences can be severe: emergency revision surgery, long-term disability, mounting medical expenses, and real fear about what happens next.
If you believe a defective device harmed you or a loved one, Gordon Thomas Honeywell can help you evaluate whether you have a personal injury claim under Washington’s product liability laws, whether your case overlaps with medical malpractice, and what evidence you will need to prove what went wrong.
Most people think “defective” means the device broke. Sometimes this is the case, but many medical device cases involve a product that technically works but is unreasonably unsafe because of its design, manufacturing, or inadequate warnings. In Washington, a product liability claim can involve harm caused by the manufacture, design, warnings, instructions, labeling, and more.
Common device-related examples include:
- Hip implants that loosen, wear down too fast, or shed debris into surrounding tissue
- Pacemakers and other implanted cardiac devices that deliver inappropriate shocks or fail to pace as intended
- Surgical mesh, infusion pumps, stents, or orthopedic hardware associated with unexpected complications or early failure
- Devices with known side effects that were not adequately disclosed, downplayed, or not addressed with meaningful warnings
Not every complication is proof of a defect. But when the risk could have been reduced with a safer design, better manufacturing controls, or clearer warnings, you may have a viable case.
A medical device failure can create a chain reaction inside the body, with the injury often being worse than the original condition. A few ways we commonly see defective devices cause serious injuries (or even wrongful death) include:
- Mechanical failure: A component fractures, a battery fails, a lead becomes dislodged, or a device stops functioning without warning.
- Biological reaction: Some devices trigger inflammation, infection, tissue damage, scarring, or immune responses.
- Wear debris and toxicity: Certain implants can release particles as they wear, inflaming tissue, damaging bone, or creating complex systemic issues.
- Revision surgery complications: Revision procedures are frequently more difficult than the original operation and can involve higher risks, longer recovery, and greater long-term limitations.
The harm is not always the medical device failure itself, but rather the cascade: additional procedures, prolonged pain, lost mobility, infection risk, and ongoing monitoring, all of which drive medical bills, missed work, and pain and suffering.
Most medical device lawsuits fit into one or more of these defect categories:
- Design Defects: A design defect exists when the product is dangerous because of the blueprint itself, even if it was manufactured “correctly.”
- Manufacturing Defects: A manufacturing defect happens when the design is reasonable, but something went wrong during production, assembly, or quality control.
- Failure to Warn: Some cases involve inadequate warnings, missing contraindications, or instructions that do not match real-world use.
Many claims involve a mix of these issues, especially when internal documents or testing reveal the manufacturer knew about a risk and did not meaningfully address it.
Defective device cases are often technical, document-heavy, and aggressively defended by well-funded medical device manufacturers and their insurers. Here are a few reasons the legal complexity is high with these cases:
- Multiple potential defendants: The manufacturer is often central, but liability can extend to other product sellers, including distributors.
- Overlapping liability theories: A case may involve strict liability (dangerous product regardless of “care”), negligence (poor testing or quality systems), and sometimes, medical negligence if a provider implanted the device improperly, failed to monitor complications, or ignored red flags.
- Regulatory history is relevant but not determinative: The Food and Drug Administration (FDA) regulates devices, but being FDA-approved does not automatically eliminate responsibility if a device is unreasonably dangerous.
- Causation must be clear: Defense teams often argue the injury was caused by your underlying condition, a surgical complication, patient-specific anatomy, or unrelated health issues. A strong case anticipates those arguments and builds a clear medical timeline.
This is why working with a defective medical device attorney who knows how to develop evidence, consult the right experts, and pressure-test causation is crucial.
Washington State Statute of Limitations
Many personal injury cases in Washington are subject to a three-year statute of limitations. Product liability timelines can also involve “useful safe life” issues, and a presumption tied to how long the product has been in use, which can become important in older-device cases. Additionally, if your claim overlaps with medical malpractice, Washington has specific rules that can include discovery-based timing and an outer limit (“statute of repose”) in many circumstances.
The losses from defective devices are often long-term, requiring extensive, sometimes ongoing treatment. In many cases, the damages are driven by what comes after the initial injury. Depending on your facts, compensation may include:
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- Past and future medical expenses, including revision surgery, rehab, and ongoing monitoring
- Lost income and reduced earning capacity, including lost wages
- Out-of-pocket costs such as travel for specialty care, home modifications, or medical equipment
- Pain and suffering, disability, and loss of enjoyment of life
- In cases proving fatal, damages pursued through a wrongful death action
Class Action vs. Individual Lawsuit
You may hear about a class action or mass tort litigation when a device harms many people. Those proceedings can be useful for organizing common evidence and pushing global accountability. But many injured patients still need an individual case evaluation because:
- Your injuries, medical history, and future prognosis are unique
- Your damages may be very different from someone else’s
- Some claims benefit from being tailored to your specific device, implantation, and complication timeline
If your case fits into broader litigation, we will explain how that may affect strategy. If it does not, we can still pursue your individual product liability claim.
As a Washington law firm focused on serious injury claims, we treat defective device cases like what they are: high-stakes, technical matters that deserve careful investigation. We typically start by:
- Building a clear timeline of symptoms, treatment, and device use
- Identifying the device model and manufacturer, and confirming lot/serial information when possible
- Reviewing records for causation clues and alternative explanations the defense may use
- Assessing whether your case is primarily product-related, provider-related, or both
- Managing communications with insurers and defendants
GTH handles these claims on a contingency fee basis, meaning you do not pay attorney fees unless we recover compensation for you.
FAQs About Defective Medical Devices
Get medical care first. Then request your records, including implant details (model/lot number if available). If a device is removed, ask whether it can be preserved. After that, talk with a defective medical device lawyer about next steps.
It can be either or both. Product defects point toward product liability. Errors in selection, implantation technique, monitoring, or follow-up may involve medical malpractice. We can evaluate where the strongest evidence is and whether multiple parties may share responsibility.
FDA status is an important context, but it is not the whole story. We often look at adverse event reporting, design changes, labeling updates, and what was known about risks over time.
Many cases resolve without trial, but you should assume the other side will fight hard. We build cases as if they may go to trial because that is often what drives meaningful settlement offers.
The value of your claim depends on severity, long-term impact, medical treatment, and how the injury affects your ability to work and live.
What kind of medical negligence lawsuits usually get filed in court?
Medical malpractice cases may include a variety of treatments:
If you or a loved one believe serious harm was caused by a defective medical device, you deserve clear answers and thoughtful guidance from a respected law firm. Our defective medical device attorneys are committed to helping victims understand the legal process and their options, and pursue accountability when it is warranted.
Schedule a Free Consultation
For a free case evaluation, we invite you to contact our legal team for a free, confidential consultation. During this conversation, we will listen to your story, answer your questions, and explain how we can help.
Who can be liable for medical negligence damages?
Healthcare providers legally liable may include:
It’s not uncommon for medical negligence attorneys to discover a history of negligence involving a medical professional or healthcare facility. In fact, medical malpractice attorneys could be representing other injured patients or their families in cases of preventable negligence involving the same doctor or facility as yourself or loved one.
When you schedule your free consultation, our legal team will review our case and look for case histories involving healthcare providers.
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