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Defective Medical Device Attorneys

We Hold Manufacturers Accountable for Unsafe Products

While the FDA's endorsement of a product's safety is valuable, it does not guarantee that there won’t be harmful side effects that could lead to severe injuries. 

Medical devices serve the vital purposes of alleviating pain, aiding individuals with disabilities, and saving lives. However, when these devices are flawed they may cause serious injury and death. Such defects might stem from flawed design or insufficient manufacturing quality, compromising tools meant for treatment, diagnosis, or injury prevention. 

If you believe you may have a claim for injuries caused by a medical device, contact us today to schedule. Laminack, Pirtle & Martines is a leading medical product liability law firm. Your well-being matters, and we're here to guide you through your options. Contact our team of Texas defective medical device lawyers for a case evaluation.


Laminack, Pirtle & Martines offer contingency fee arrangements to all of our clients ensuring justice is never hindered by financial constraints.

medical tray with instruments in operating room

What is a defective medical device?

According to federal statute, a defective medical device is a recognized instrument or apparatus that is intended for use in humans or animals to cure, treat or prevent a disease or ailment and does not reach its intended purpose. A defective medical device is flawed in design, poorly manufactured, or has inadequate instructions or insufficient warnings. The potential for injury posed by such a medical device significantly outweighs the potential benefits it may offer. 

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Types of Defects

There are a variety of types of defects that are linked to medical devices, each presenting distinct challenges.

A device is unavoidably unsafe when it cannot be made completely safe, but its value and benefits surpass the potential risks. 

  • It is determined that in order to continue to research and develop new medical products, it is necessary to make unavoidably unsafe products available on the market.
  • These are available as long as they have adequate warnings and are not deemed defective due to faulty manufacturing.

A device can be considered defective if there is a failure to issue the required warnings of potential risks associated with the device.

  • The prescribing physician must be warned of any dangerous potential risks associated with a medical device. The doctor then weighs the potential risks against the benefits of the medical product and considers how the warnings may affect their patient and to proceed as they best see fit.
  • Manufacturers do not have a duty to warn the patient of any risks. The physician may be considered the "informed intermediary" between the manufacturer and the patient.
  • Warnings are made in accordance with the FDA in the Physician's Desk Reference and package inserts on medical products. The manufacturers have a legal duty to warn doctors of potential risks associated with a drug or medical device. The risks must also be current and updated when necessary to make the warnings complete and clear.

The FDA tests medical devices and gives approval before they are on the market for consumers. Some defects may come from inadequate testing and rushing the approval process to get a product on the market.

  • Pressure on the government to approve new medical devices comes from companies as well as from the public. Attempts to speed up the process can result in inadequate testing.

Defects that do not become apparent until a product is in use for a period of time. 

  • These long-term defects are difficult to determine during short-term testing to approve a device for consumer use. For this reason, the FDA monitors medical devices once they are on the market. When a dangerous defect or risk is discovered, the instrument is recalled.

Common Defective Medical Devices

Defective device categories include Cardiology (pacemakers, heart valves, stents), Contraceptives (IUDs), Cosmetic (breast, penile implants), Orthopedic (screws, rods, plates), Surgical Tools, and Therapeutic devices (catheters, tubing). While these devices play crucial roles in healthcare and saving lives, staying informed about their usage and potential issues over extended periods is vital. Some identified defective medical devices are:

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Doctor and Lawyer

While it is important to ask your doctor about any medical device you are using and rely on the news to keep up to date on any problems with medical devices, it is also important to monitor how you are feeling. If something has changed or you have any concerns about your medical care, bring those concerns and questions to your doctor. However, if you believe you have been injured by a faulty medical device it is also important to seek legal assistance. If you believe you may have a claim for injuries caused by a medical device, contact our Texas defective medical device attorneys to discuss your options.

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Consult our experienced attorneys to discuss your options or call 713-292-2750 for any additional assistance