Tennesseans claim defective medical device caused injuries

A recent lawsuit is a reminder of the grave consequences of defective medical devices and Tennessee’s laws.

Extremely dangerous and sometimes deadly, blood clots may travel from the legs or other parts of the body to vital organs. This could lead to something called a pulmonary embolism, which is when a blood clot reaches the lungs. Thanks to modern technology, there are medications and devices available to people in Tennessee who may be susceptible to blood clots. The proper use and function of these resources is vital.

When these tools fail, it severely jeopardizes a patient's wellbeing. A recent lawsuit illustrates the grave consequences of defective medical devices and calls to attention Tennessee's laws regarding product liability.

The claims

According to the Pennsylvania Record, two people from Tennessee were the recipients of a malfunctioning device intended to prevent pulmonary embolisms and thrombosis. The device, known as a vena cava filter, went on the market in 2009 and was implanted in both patients in 2014. The vena cava filter is supposed to catch blood clots when they begin to move.

Each filed a lawsuit in February 2017, joined by another plaintiff from Pennsylvania who died after the device failed. The patients from Tennessee each note in their lawsuits that they have or may experience injuries that are life-threatening as well as ongoing medical costs. Each will have to take medications to prevent blood clots and monitor the device's efficacy.

The claims each cite the following:

· The defendants - two drug companies - created an unsafe product.

· The defendants marketed a product that could have severely adverse health effects.

· The defendants did not alert consumers to the flaws in the device.

The damages the plaintiffs seek include suffering, medical expenses and a loss of earning capacity and wages.

Defective product lawsuits in Tennessee

A defective product - including a medical device - falls under product liability statute regulations. In Tennessee, plaintiffs have four years from the date that the injury occurred to file a lawsuit. The state also has a statute of repose, which means that no claims may be brought six years after the injury occurred or 10 years after the product was purchased.

There are a number of arguments a plaintiff may use when proving that a manufacturer or company should be held accountable. For example, people who sell products have a duty to warn customers about potential hazards. Additionally, medical devices and drugs should be thoroughly vetted and tested to ensure their safety.

When companies stray from these guidelines, Tennessee law enables victims to pursue compensation for economic and noneconomic damages. People who have concerns about this topic should consult with a personal injury attorney.