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Four Hot Areas of Medical Device Liability

BY Kevin M. Quinley
April 01, 2003

Once considered the realm of Rube Goldberg contraptions, medical technology is now a key feature of patient care. Longer life expectancy corresponds with the growth in entrepreneurial device companies making everything from tongue depressors to Jarvik-7 artificial hearts. Patients often expect perfect device performance along with flawless medical outcomes. Medical devices now comprise a multi-billion dollar industry, with vigorous growth forecast well into this century.

Accompanying such growth, however, are significant product liability risks. “Medical device” is a phrase that often evokes memories of the infamous Dalkon Shield intrauterine birth control device; faulty breast implants; or defective artificial heart valves. While product liability claims are facts of life for most manufacturers, medical device companies enjoy smaller margins of error. A pacemaker hums perfectly, or else a serious medical crisis may result. If a life-support ventilator does not function flawlessly, a patient dies or is brain-damaged.

Medical-device manufacturers increasingly find themselves targeted by ingenious personal injury attorneys pursing injury claims for aggrieved patients. Let's dust off the crystal ball and peer into the future, venturing a handful of predictions about product liability litigation against medical device companies. Here are four areas to consider in your risk-management program:

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