Defective medical device injury claims in California are increasingly common. From faulty pacemakers to malfunctioning surgical mesh and hip implants, the consequences can be catastrophic — both physically and financially. If you’ve suffered due to a defective device, understanding your legal rights is the first step toward recovery and compensation.
What Counts as a Defective Medical Device?
Any medical device that causes injury due to a design flaw, manufacturing error, or inadequate labeling may qualify as defective. These devices include:
- Hip and knee replacements
- Pacemakers and defibrillators
- Surgical mesh
- Breast implants
- Insulin pumps
- IUDs and contraceptive implants
Types of Injuries Caused by Defective Devices
Injuries range from mild discomfort to permanent disability or death. Common outcomes include:
- Infections due to contaminated components
- Device migration or breakage inside the body
- Organ perforation
- Chronic pain or mobility loss
- Allergic or inflammatory reactions
- Need for revision surgery
California Law on Defective Medical Devices
Under California Civil Code § 1714.45, product manufacturers can be held strictly liable if their medical devices cause harm due to design, manufacturing, or marketing defects. You don’t need to prove negligence — just that the device was defective and led to your injury.
FDA Recalls and How They Affect Your Case
If the device in question has been recalled by the FDA, it can significantly strengthen your case. The FDA’s Medical Device Recall Database is publicly searchable and may list the product you used. Even if a recall hasn’t been issued, you can still file a claim based on evidence of harm.
Real Case Example from California
In 2023, a Los Angeles woman received a defective hip implant that fractured within two years, requiring emergency revision surgery. The implant had already been flagged in an FDA safety notice, and with the help of a personal injury attorney, she secured a settlement. This case highlights the importance of acting quickly and gathering all relevant documentation.
How to File a Defective Medical Device Claim in California
- Seek medical attention to stabilize your condition and document injuries.
- Preserve the device (if removed) and request a copy of your medical records and surgical notes.
- Consult a qualified attorney with experience in product liability and medical injury law.
- File your claim within California’s statute of limitations — usually 2 years from the date of injury.
Why You Need Legal Representation
Medical device manufacturers are often multinational corporations with powerful legal teams. They may argue user error, pre-existing conditions, or compliance with FDA standards. A strong attorney can fight these defenses with expert testimony, regulatory research, and detailed medical evidence.
ANTN Law and Arpine Navasardyan: Experts in Defective Device Claims
At ANTN Law, led by experienced attorney Arpine Navasardyan, we focus on high-stakes personal injury cases, including those involving defective medical devices. Our team works tirelessly to investigate the device’s history, uncover manufacturer negligence, and negotiate with insurers for maximum compensation.
If you believe a faulty device has harmed you or a loved one, book your free consultation today. We’re here to guide you through every step of the process.
Additional Resources
FAQs About Defective Medical Device Claims in California
- What is the statute of limitations?
You usually have 2 years from the date of injury, but exceptions exist. Act quickly.
- Do I need to prove the manufacturer was negligent?
No. California allows strict liability claims for defective products.
- Can I sue if the device was FDA-approved?
Yes. FDA approval does not shield manufacturers from liability.
- What compensation can I get?
You may receive payment for medical costs, lost wages, pain and suffering, and punitive damages.
- What if the device hasn’t been recalled?
You can still file a claim if you were harmed. A recall is not required.
- Is there a class action option?
Possibly. Some defective device cases are consolidated. Ask your attorney about this.
- How do I know if my device was defective?
Your attorney can work with medical experts to review surgical notes, pathology, and device documentation.
- What does it cost to hire ANTN Law?
We work on a contingency basis — you don’t pay unless we win.
- Can I file on behalf of a loved one who passed away?
Yes. You may be eligible to file a wrongful death claim in California.
- How long does a claim take?
Each case is different, but most settle within 6 to 18 months, depending on complexity.
