Lawsuits Filed Against Medical Device Manufacturer
Multiple lawsuits have been filed against Cordis Corporation, a company based in Miami Lakes that manufactures medical devices. According to these lawsuits, vascular filters manufactured by Cordis are prone to fracture, disintegration, and migration through the blood system.
One of these lawsuits was filed by the family of a New Jersey resident who died three-and-a-half years after receiving an inferior vena cava filter (IVC filter) implant manufactured by Cordis. The company designed the filter to protect the heart and lungs from fatal blood clots, but the victim’s wife claims the filter’s defective design and manufacture caused her husband’s death. She says that the company failed to warn of the filter’s risks and that it is guilty of deceptive marketing practices.
Specifically, the lawsuit alleges that the device became displaced and punctured the walls of the man’s vein, and it also disputes the company’s claim that the filter was designed for permanent placement.
Florida Products Liability Law
There are two general theories of products liability under Florida law: strict products liability and negligence. Strict products liability focuses on the product and negligence focuses on the manufacturer, seller or distributor (in addition to the product).
The Cordis lawsuit focuses on the product. There are three types of product defects: design defects, manufacturing defects and marketing defects. The family claims that the Cordis IVC filter constitutes all three types.
- A design defect is inherent in the design of the product. For example, if a manufacturer intends that a car have three wheels instead of four, that would be an obvious design defect (because the car might not operate safely on only three wheels). In this case, if the filter was designed for permanent placement but can become dislodged, that could be evidence of a defective design.
- A manufacturing defect is an unintended defect. If a car was accidentally manufactured with three wheels instead of four then that is a problem with the manufacture, and not the design, of the product. In this case, there could have been something wrong with this particular filter, which caused it to become dislodged and puncture Corventino’s vein.
- A marketing defect indicates a problem with the way the product is sold. For example, if a product does not contain adequate safety warnings or use instructions then that might constitute a marketing defect. Here, if Cordis failed to instruct doctors how to properly implant the filter then that could be evidence of a marketing defect.
Note: Medical Device Defects and Medical Malpractice
A products liability claim is distinct from a medical malpractice claim, which focuses on the conduct of the doctor and of other medical professionals.
Contact Us Today
Contact a Miami personal injury attorney at The Pendas Law Firm today for a free consultation if you were injured by a defective medical device or any other defective product. Our experienced attorneys will help you file a products liability claim.
The Pendas Law Firm also represents clients in the Orlando, Jacksonville, West Palm Beach, Fort Myers, Fort Lauderdale, Tampa, Daytona Beach and Bradenton areas.
Resource:
law.com/dailybusinessreview/sites/dailybusinessreview/2017/12/28/treatment-worse-than-the-disease-lawsuits-mounting-against-miami-lakes-medical-company/?slreturn=20180027162120
