Defective Medical Devices

At The McClellan Law Firm, our experience and skill with the litigation of complex product liability claims go far beyond cases involving unsafe motor vehicles or defective automotive components. We also help clients collect compensation for severe or fatal injuries resulting from dangerous or defective medical devices.

Our San Diego defective medical device lawyer have been recognized for our product liability know-how. In fact, the firm's founding attorney, Craig McClellan, was named San Diego Best Lawyers Product Liability Litigation Lawyer of the Year for 2012. Call (619) 215-1488 to schedule a free consultation.

Holding Medical Device Manufacturers Responsible

With 25 years of experience, our attorneys know how to work with experts for the effective development and presentation of the technical evidence essential for proving the defendant's liability in a defective medical device case. We also work closely with you and your treatment and rehabilitation team to make sure that your condition is properly diagnosed and documented and that you are receiving the best possible care and services.

Our dangerous medical device lawyers represent people who were injured by the defective or negligent design, manufacture, prescription or insertion of such medical products and devices as:

  • IV units
  • Stents
  • Pumps
  • Heart valves
  • Pacemakers
  • Dialysis machines
  • Surgical screws or plates
  • Intrauterine devices (IUDs)
  • Surgical, prosthetic or cosmetic implants
  • Joint prostheses such as DePuy hip replacements

Defective Implants & the Rise of Implant Surgery

There are roughly 1 million knee and hip replacement surgeries performed each year in the U.S. That number is expected to rise to nearly 4 million by 2030, due to an aging population and aggressive marketing to younger consumers by the companies producing joint replacements. The impact of defective implants will only rise as joint replacement surgery becomes more popular. At least one consumers group is pushing medical device manufacturers to provide warranties to help cover the costs incurred by those who receive defective products.

Part of the problem is that it is not clear how long these devices need to last. If a young patient has a knee replaced, should the knee last 10 years? 20? If it fails after 3 years, shouldn't the company that made the product bear some responsibility? Warranties would establish a time period that recipients could expect the device to function. That information might impact whether a patient decides to have a particular device implanted.

Unfortunately, failed knee and hip replacements are not rare. Consumers Union reports that 18 percent of hip replacement surgeries are revision surgeries. An estimated 8 percent of knee replacement surgeries are revision surgeries. The group reported that revision surgeries generally result in longer hospital stays and may lead to additional surgeries. Such surgeries are also more expensive than initial joint replacement surgeries. A warranty would allow the recipients of failed products to recoup the expense associated with replacing them.

Product Liability Attorneys With a National Reputation

Attorney Craig McClellan is an AV rated* trial lawyer who has recovered about $250 million in verdicts and settlements on behalf of his clients. In 2004, he was honored with an invitation to join the Inner Circle of Advocates, a membership association of highly successful injury attorneys limited to 100 members at a time.

Clients of The McClellan Law Firm appreciate the close communication and highly personalized service they receive from our lawyer and staff. We limit our active caseload to 15 at a time so that every one of our clients can benefit from the full range of our experience, skill and concern for their welfare. To learn more about your legal options in a case involving a defective medical device, contact The McClellan Law Firm in San Diego.

Testimonials

  • “We could not be happier with the McCllelan Law Firm team! My husband and I were referred to Craig McCllelan by one of his peers. We had a very sensitive medical malpractice case that we were hesitant to even pursue. Craig and his team sat down and walked us through the entire process giving us their honest opinion and options. We felt very comfortable with the process and completely relieved by the end of the first meeting, so we decided to proceed. It is three years later and we couldn't be happier that we did. Craig, Connor, and his team made the entire experience so easy and smooth. They were always available no matter how small our question or concern. I swear they work 24/7! And most importantly, we knew that they truly cared about us and the outcome. They fought for our family and have given us the piece of mind that our son's healthcare will always be covered. It is truly the greatest gift and we will forever be in their debt!”

    - S.P.

  • “We will NEVER forget what you did for us Craig. We are FOREVER GRATEFUL.”

    - K.V.

  • “Having had the high privilege of presiding over a number of cases involving national counsel, I want you to know you’re one of the very best [...]. You and those with you were outstanding ambassadors for our profession and once again made me most proud to be a part of our legal community.”

  • “We wouldn’t be here, in this moment of life without the kindness and professionalism of you all and how you went to bat for us! Eternally grateful!”

    - A.K.

  • “I thank you for your kindness and generosity in giving selflessly without reserve. Additionally, please extend my thanks to your staff for their diligent work and encouragement throughout the trial.”

    - A.D.

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Our Awards & Accolades