What is Medical Product Liability?
Medical product liability includes legal action that holds manufacturers, sellers, and distributors accountable for injuries caused by those products.
You expected medical devices, medications, and other goods to keep you safe. Instead, they may have malfunctioned, broken down, or made you sick. Compensation from a medical product liability lawsuit may help you afford health care costs and get closure for what happened.
Key Facts About Medical Product Liability Lawsuits
- Common devices named in medical liability lawsuits include transvaginal mesh, hernia mesh, contraceptive devices, and implants.
- Your medical device doesn’t have to be part of a recall before you can take legal action. The recall process can be slow. Only 71% of companies reported medical product malfunctions within the 30-day timeline for initiating recalls per the British Medical Journal.
- Our legal partners have recovered over $1.6 billion to date through lawsuits related to medical device liability and dangerous drugs.
At Her Case Matters, we work to help women pursue legal compensation after being harmed. Our patient advocates are here to listen to your experience and connect you with our dangerous drugs and medical device lawyers.
Get a free case review to learn if you can file a medical product liability lawsuit right now.
When Can You File a Medical Product Liability Claim?
You may be able to file a product liability claim if a device or medication caused an injury after normal use. These cases often involve long recovery times, repeat surgeries, or permanent damage.
Reasons for filing a medical product liability lawsuit include:
- Dangerous side effects
- Design or manufacturing defects
- Device malfunction or failure
- Inadequate warnings
You don’t have to wait until there’s a recall for your medical device to see if you’re eligible to take legal action. Call Her Case Matters at (877) 640-6101 to speak with patient advocates who will listen to your experience and potentially connect you with our partner law firm.
List of Medical Devices in Product Liability Claims
Many product liability claims center on harmful or malfunctioning medical devices that have caused serious injuries or even death. The fault may be traced back to the companies that manufactured or sold the products.
Products named in defective medical device lawsuits include:
- Adult palate expanders
- Breast mesh
- Endoscopy
- Hernia mesh
- Bard® PowerPort™ catheters
- Intraocular lenses
- Paragard® IUDs
- Spinal cord stimulators
- Other medical devices
“There seems to be no end to the number of products that medical device companies place into the stream of commerce, despite their knowledge of side effects that they hide from the consumer, putting profits ahead of people.”
– Ricky LeBlanc, product liability attorney
Medical device lawsuit cases allow you or your loved ones to pursue financial reimbursement for the injuries that you experienced. Compensation could help you cover ongoing health care costs and improve your quality of life.
Adult Palate Expanders
People get non-removable or fixed adult palate expanders to help them reshape their jaw and treat conditions like temporomandibular joint disorder (TMD) and obstructive sleep apnea (OSA). However, these devices weren’t designed for adults.
If you used palate expander devices like Anterior Growth Guidance Appliance (AGGA) and suffered tooth, bone, or facial issues, a lawsuit could help you recover compensation for corrective surgery and other treatment.
Breast Mesh
Women who get breast surgeries may also get internal breast mesh to reinforce the tissue. The mesh acts as an internal bra to retain each breast’s shape, but hasn’t been approved by the U.S. Food and Drug Administration (FDA).
Some women experience infections, deformities, chronic pain, and other injuries related to their breast mesh. The complications can be life-changing and require corrective surgeries.
You don’t have to know which breast mesh product your doctor used. If you’ve suffered complications after a breast lift, reconstruction, or augmentation, you may still be eligible to file a claim.
Endoscopy
Medical experts use endoscopes to get a better look inside the body during procedures. Some rely on reusable endoscopes, which are subjects of multiple recalls. Reusable endoscopes can carry antibiotic-resistant superbugs, which cause life-threatening infections and sepsis.
Medical device lawyers have already secured settlements for people injured by endoscopes. Olympus Corp., a manufacturer, paid $6.6 million to a Seattle hospital after the company’s endoscopes were connected to a superbug outbreak.
Hernia Mesh
Hernia mesh devices are implanted to support weakened tissue, but many patients later experience chronic pain, infection, or mesh failure. Some women require additional surgeries when the mesh shifts, erodes, or causes inflammation.
For many, these complications interfere with daily movement, work, and caregiving, long after the original procedure was meant to help. Manufacturer Becton Dickinson agreed to resolve about 38,000 claims with an undisclosed settlement in 2024, which may total over $1 billion.
Bard® PowerPort™ Devices (Port Catheters)
Implanted port catheters, most notably Bard PowerPort devices, are designed to provide long-term access to veins during cancer treatment or ongoing care. In some cases, PowerPort devices have been linked to catheter fracture or migration.
When these failures occur, patients may suffer internal injury, infection, or life-threatening complications, often without warning. As of April 2026, litigation for 2,674 port lawsuits is ongoing.
Intraocular Lenses
Surgeons put intraocular lenses in place during procedures like cataract surgery. They can correct vision issues, but have been linked to an increased risk of toxic anterior segment syndrome (TASS).
Lawsuits against manufacturer Bausch + Lomb claim that the company did not ensure the safety of the product before making it publicly available. The potential resulting infections typically develop within 12-48 hours of lens placement, but some people experience delayed-onset cases as well.
Paragard® IUDs
Women get Paragard IUDs to prevent pregnancy for up to a decade before getting a replacement. The copper-lined device has a “T” shape and sits in the uterus, preventing sperm from reaching an egg by creating a biological reaction with the copper.
In some cases, the arms of the “T” break off. They may embed in the uterine wall or other reproductive organs. Invasive surgery can remove the pieces, but may have devastating effects on a woman’s fertility and hormone production. Some doctors fail to remove all the IUD pieces during surgery as well.
Nearly 4,000 lawsuits are ongoing regarding Paragard IUD complications. If the manufacturer agrees to a settlement, the compensation could help women afford ongoing health care costs.
Spinal Cord Stimulators
Spinal cord stimulators help people manage chronic pain by interrupting pain signals in the lower back. Sometimes though, the implanted device can migrate or break.
Up to 4 out of 10 people suffer from spinal cord stimulator complications, per Public Citizen. The FDA received more than 80,000 spinal cord stimulator reports over a decade — the third-highest rate of complaints for defective medical devices.
Other Medical Devices Involved in Lawsuits
If your medical device isn’t listed, you may still be eligible for legal action. No one should have to live with unexpected injuries or harm resulting from a medical device.
Other products often named in defective medical device lawsuits include:
- Breast implants: Women have been filing lawsuits against Allergan for now-recalled textured breast implants and tissue expanders. These devices caused breast implant-associated anaplastic large-cell lymphoma (BIA-ALCL).
- IVC filters: Inferior vena cava (IVC) filters are implants that can prevent pulmonary embolisms. Some patients also experienced complications after the filters embedded in their veins, becoming challenging or impossible to remove while causing serious complications.
- Surgical staplers: Doctors routinely use surgical staplers to secure incisions, but the tools sometimes malfunction. Device failure can cause infections, sepsis, and organ perforation, among other serious complications.
- Transvaginal mesh: Pelvic mesh or bladder slings can support a woman’s prolapsed organs, but are known to cause bleeding, infection, organ perforation, and other injuries. As of April 2026, over 70,000 transvaginal mesh lawsuits have been filed. Additional cases are being added.
Contact Her Case Matters to get a free case review and discuss your options. If you’re eligible to file a lawsuit, experienced attorneys may be able to recommend potential next steps and pursue compensation.
List of Dangerous Drugs in Medical Product Liability Claims
Outside of defective medical devices, many medications and drugs that women trusted to help them have proven to be harmful. Unforeseen side effects and complications leave women with long-term or permanent health issues.
Notable drugs named in product liability lawsuits include:
- Depo-Provera®: Women using Depo-Provera to avoid becoming pregnant have experienced meningioma brain tumors years after starting their long-term use.
- Dupixent®: Those who used Dupixent to manage their atopic dermatitis, asthma, and other conditions could go on to develop cutaneous T-cell lymphoma.
- Mounjaro® and Zepbound®: People have filed lawsuits claiming that these tirzepatide-based weight loss drugs caused stomach paralysis, chronic vomiting, pancreatic cancer, and other serious side effects.
- Ozempic®, Rybelsus®, and Wegovy®: These popular weight loss drugs slow the digestive process, which has caused injuries, including stomach paralysis, bowel obstructions, and other gastrointestinal health issues.
- Oxbryta®: The now-recalled Oxbryta may increase the risk of strokes, acute chest syndrome, death, and additional adverse outcomes for people living with sickle cell disease.
- Suboxone®: While Suboxone may help people recovering from opioid addiction, the active ingredients have been linked to serious dental problems.
- Taxotere®: This chemotherapy medication has also been connected with severe eye damage, blocked tear ducts, and vision loss, among other complications.
- Tylenol®: Numerous studies have linked Tylenol to an increased risk of adverse behavioral and neurodevelopmental outcomes in children exposed before being born.
- Zantac®: The FDA requested market removal of Zantac in 2020 after a probable carcinogen called NDMA was discovered in the formula.
Knowing you were harmed by a medication that was supposed to be safe can be devastating. Your trust shouldn’t be taken for granted. We’re here to provide support and, if eligible, help you recover compensation so you can start moving forward.
Injuries Linked to Defective Medical Devices
Injuries caused by defective medical devices often go far beyond what patients expect. Many women seek care to improve their health, only to face new pain, complications, or long-term limitations they never anticipated.
Examples of injuries caused by medical devices include:
- Chronic pain and infection
- Internal organ damage
- Life-threatening complications
- Repeat surgeries
- Wrongful death
These injuries can affect daily life in lasting ways. Physical symptoms may be paired with emotional distress, fear, or frustration, especially when recovery takes longer than expected or requires additional surgeries.
Medical bills, lost wages, and reduced quality of life often follow medical device and drug injuries. Receiving compensation from a medical liability lawsuit can help, so contact Her Case Matters at (877) 640-6101 to see if you qualify.
How Medical Device and Drug Defects Happen
Medical devices are trusted because they are used in health care settings and often approved by regulators. That trust can make the injury feel especially confusing and isolating, especially for women who thought they were safe.
Numerous kinds of defects can occur at various stages in the design and manufacture of a drug or device, long before it ever reaches a patient.
Medical products can develop issues through:
- Design defects, which make a device unsafe before it is ever used
- Manufacturing defects that occur during production or assembly
- Failure to warn, which occurs when risks are not clearly disclosed
In many cases, risks were known or should have been known, but women were never warned. Understanding how these failures happen can help women make sense of their experience and determine if legal action may be appropriate.
Medical product manufacturers have a duty to protect patients. We’re here to listen if you believe that you’ve been harmed by a drug or medical device.
Types of Dangerous Drug and Defective Medical Device Lawsuits
When a device or drug causes complications, women may be able to pursue accountability and compensation by filing medical product liability lawsuits. Speaking with an experienced lawyer will help you understand your options.
There are several types of claims someone can file, depending on their unique circumstances and the products they trusted.
Types of medical product liability lawsuits include:
- Personal injury lawsuits: These are individual claims centered on dangerous drugs or medical devices, allowing women to pursue compensation unique to their case.
- Wrongful death lawsuits: Families may be able to file wrongful death claims if a woman passed away from complications related to the use of a drug or device.
- Mass torts and multidistrict litigation (MDL): Many medical device cases are handled as a mass tort or multidistrict litigation (MDL). These involve many plaintiffs harmed by the same device. Each case still remains individual, so women can pursue compensation based on their specific injuries.
Our team can determine which type of claim best suits your situation so you can start pursuing the compensation you may deserve. Get a free case review now.
Who Can You Sue in a Medical Product Liability Lawsuit?
After a medical device injury, many women feel unsure about who is actually responsible. The device may have been implanted by a trusted doctor at a respected hospital, which can make it hard to understand where fault lies.
Medical device lawsuits focus on the companies that made or sold the device, not the patient and not the doctor who relied on the product’s safety.
The law recognizes that patients should not bear the consequences of corporate decisions made behind the scenes.
You may be able to sue:
- Companies that made the product in question
- Distributors involved in selling the device
Understanding who may be legally responsible can help you understand that what happened wasn’t your fault, and accountability is possible. Our partner lawyers can answer any questions you might have about taking legal action.
How Medical Product Liability Attorneys Can Help
Filing a lawsuit after being harmed by a defective medical device or drug can feel overwhelming, especially when you are already dealing with health concerns. Many women hesitate to reach out for help because they feel unsure or worried about the process.
A medical product liability attorney will shoulder the legal burden so you don’t have to. The dangerous drug and medical device lawyers in our network handle the lawsuit process for you.
Our partner medical product liability lawyers can:
- Review your medical records
- Explain legal options clearly
- Offer guided legal advice
- Identify responsible parties
- Manage filings and deadlines
- Fight for fair compensation
With a medical product liability lawyer’s help, you can pursue compensation while focusing on getting treatment and recovering from your injuries.
Medical Device Lawsuit Settlement Amounts & Verdicts
Many other medical device and drug lawsuits have reached out-of-court settlements, helping families quickly receive compensation for what happened. In some cases, payouts have also been awarded through in-court trial verdicts.
Previous medical device lawsuit settlements include:
- C.R. Bard reached a settlement that exceeded $1 billion to resolve more than 38,000 lawsuits regarding the company’s hernia mesh.
- Pentax Medical Company agreed to a $43 million settlement in 2020 after the company failed to report two infections connected with its endoscopes.
- Johnson & Johnson’s Ethicon division received a $20 million verdict after a woman experienced life-altering injuries when the company’s transvaginal mesh eroded after implantation.
- C.R. Bard paid $4.8 million to a man who experienced severe intestinal injuries after a hernia mesh implant.
- Rex Medical LP received a nearly $34 million verdict for a woman who became seriously injured by a defective IVC filter manufactured by the company.
If you’ve been harmed by a medical device or drug, you may be eligible to pursue legal action too. Our patient advocates are here to listen to your story.
Get a free case review now to find out if you’re able to pursue a medical device lawsuit settlement or verdict.
What Can a Medical Device Lawsuit Settlement Cover?
A medical device lawsuit settlement is about more than reimbursement. It reflects the reality that a defective device can disrupt a woman’s health, finances, and sense of security all at once.
Compensation may help ease these burdens and allow women and their families to proactively plan for long-term care.
A medical device settlement may help cover:
- Emotional distress
- Lost wages and reduced earning ability
- Medical bills and rehabilitation
- Projected future care costs
- Pain and suffering
Medical liability compensation can help families regain stability and focus on healing. Get a free case review today to see if we can help you get justice.
Time Limits to File a Medical Product Liability Claim
Every medical product liability lawsuit has a statute of limitations. These laws set legal deadlines for filing claims to pursue compensation.
Don’t miss your chance: Speaking with a defective medical devices lawyer early can help protect your rights.
Helping Women Harmed by Medical Product Liability
Women don’t deserve to suffer serious injuries or health complications from products they expected to be safe. If you or a loved one was harmed by a defective medical device, you deserve answers and support.
At Her Case Matters, our dedicated team offers a safe place to explore your options after suffering injuries from medical devices or dangerous drugs.
We may be able to help you by:
- Listening to your experience
- Determining if you have a product liability case
- Connecting you with experienced attorneys
Get a free case review and learn how legal action may help. Our case managers can listen to your experience with compassion and recommend next steps.
Medical Product Liability Lawsuits FAQs
What are the three types of product liability?
Product liability has three primary types: design defects, marketing defects, and manufacturing defects. The marketing defects may also be called a failure to warn. Each category helps hold sellers and manufacturers responsible in the court of law.
Her Case Matters is here to support you if you may have experienced harm from a medical device or drug. Call us at (877) 640-6101 to speak with one of our patient advocates.
What is an example of a medical liability?
Medical liability happens when a health care provider, like a doctor or surgeon, causes injury or harm due to a breach in their duty of care. A surgeon may implant a defective device, or a doctor could prescribe a dangerous drug.
Experienced lawyers may help women and people hold their medical teams accountable if they have an eligible case.
What is an example of a product liability?
Product liability occurs after people file lawsuits against sellers or manufacturers. The products may have caused injuries with faulty parts or known defects that were not made known to consumers.
For example, women may file product liability claims after birth control injections led to cancer or if hernia mesh caused complications. Many other products have also been linked to liability claims, so it’s important to speak with experienced legal professionals about what happened.
Do I need a recall on a medical device to file a lawsuit?
No, you do not need to wait for a recall to file a lawsuit. Many defective medical device lawsuits are filed before recalls occur, which depends on how quickly the company reports the defect.
If you are curious about pursuing a product liability claim, call us at (877) 640-6101 to discuss your case. An experienced lawyer will help you understand if you’re eligible.
What if my doctor implanted the device?
If your doctor implanted a medical device in you and its defects caused harm or injuries, it may be possible to file a medical product liability lawsuit against the manufacturer.
If the harm occurred because a doctor made a mistake, rather than the device malfunctioning, you may be eligible to file a medical malpractice claim instead.
Personal injury attorneys specialize in these types of cases. A patient advocate can give you a better idea as to what legal options are available, given your unique experience.
How much does it cost to speak with a medical product liability lawyer?
It shouldn’t cost anything to speak with medical product liability lawyers. Top attorneys at medical product liability law firms offer free case evaluations, with no cost or obligation to work with them.
At Her Case Matters, we’re proud to work with experienced attorneys who charge nothing to review your claim. Get a free case review now to start the process.
Can families file claims after a loved one dies from medical device complications?
Yes, families may be able to file wrongful death claims if a woman they loved passed away from complications stemming from a defective medical device or harmful drug.
While these lawsuits can never fully undo the unimaginable loss, they can allow a woman’s family to start healing and offset some expenses like funeral costs and more.
Call (877) 640-6101 now to find out if your family may be eligible for a medical wrongful death liability lawsuit.
Written by: Her Case Matters
At HerCaseMatters, we believe women deserve to be heard — especially when it comes to their health and safety. Too often, harmful drugs, devices, and corporate wrongdoing impact women’s lives without proper warning, support, or accountability. We’re here to change that. We work with trusted legal partners who are deeply experienced in holding powerful companies accountable. But more than that, we’re here to remind women everywhere that their pain is real, their experiences matter, and they deserve justice.
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Retrieved from: https://www.fda.gov/medical-devices. - United States Judicial Panel on Multidistrict Litigation. (2026). MDL Statistics report -distribution of pending MDL dockets by actions pending. Retrieved from: https://www.jpml.uscourts.gov/sites/jpml/files/Pending_MDL_Dockets_By_Actions_Pending-April-1-2026.pdf.
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