Defective Medical Devices

Defective medical devices put millions of Americans’ lives and health in jeopardy. Too often, devices that are improperly designed and inadequately tested are put on the market for patients to use or are implanted in the patient.

When the devices fail, they cause extreme pain, life-threatening side effects, and may require additional surgeries to remove. In some cases, the device cannot be removed and the patient is left wondering if the medical device will have catastrophic consequences for them.

The list of defective medical devices that have been recalled is long, but every year medical device manufacturers continue to market new devices that have not been properly tested or proven to be safe.

Defective Medical Device Lawyers

At Cutter Law, we are committed to holding medical device manufacturers accountable for their defective products by filing defective medical device lawsuits.

We fight hard for our clients, whose lives have been forever changed by an implant that did not work properly, or a surgical tool that failed and caused permanent damage.

We’ve obtained hundreds of millions of dollars for our defective medical device clients in California and across the United States, helping them obtain justice for the wrongs done to them.

Leadership in Litigation

Defective medical device lawyers at Cutter Law have extensive experience litigating medical device lawsuits with national implications. These include:

Additionally, attorney Brooks Cutter has been named plaintiffs lead or co-lead counsel, or appointed to the plaintiffs steering committee by state and federal courts in many complex lawsuits:

  • Medtronic Sprint Fidelis Defibrillator, which resulted in a $220 million settlement (plaintiffs steering committee)

  • Guidant Pacemakers, which resulted in a $204 million settlement (plaintiffs steering committee and designated bellwether trial counsel)

  • Johnson and Johnson Vicryl Sutures, which resulted in a confidential settlement on behalf of 200 injured individuals (co-lead counsel).

Additionally, Brooks successfully represented 60 women in the prosecution of Johnson & Johnson subsidiary Ethicon for its Gynecare Intergel. The terms of the settlement are confidential.

Advancement in medical devices means that new devices are introduced into the American health care system every year. They are meant to improve or sustain the quality of life, although that is not always the case. Sometimes a device can prove to be defective, leading to dangerous impacts for patients.

Defective Medical Device Technology

Advancements in medical devices mean that new devices are introduced into the American health care system every year. Though they are meant to improve or sustain the quality of life, this does not always happen. Sometimes a device is defective, leading to early failure and dangerous consequences for patients.

If you are concerned about your medical device—either being defective or part of a recall—you can conduct a search on the FDA’s website to determine if there are reported issues with the device. Hospitals are required by law to include an Implant Device Record (IDR) within every surgical record.

These records state the model and/or serial number and manufacturer of any device or implant used during your operation. By law, this information must be provided to you upon request. It can then be used to search the FDA’s website.

Fast-Tracking (Potentially) Defective Medical Devices

In the past, the FDA faced pressure to speed up the process by which new medical devices were approved for the market. The result was legislation that allowed devices that were “similar enough” to existing devices to be approved without the usual clinical trials and preapproval process.

Unfortunately, this process has allowed defective devices that were not adequately tested to be put on the market.

Manufacturers have sought and gained fast-track approval solely on the basis of their own claims of “likeness” rather than on factual design documentation.

Their claims are only challenged long after their product has been used by physicians and hospitals throughout the country and abroad. In many cases, they are found to be defective after numerous reports of injury or death.

Defective Medical Device Attorneys

Cutter Law’s attorneys know how devastating it is to have a defective medical device affect your life. In the best-case scenario, the device is removed but that requires undergoing the pain of having the device fail and the risks associated with surgery.

In other cases, patients are stuck with an irretrievable device and left wondering if the device will cause life-threatening complications at any point. There are also tragic cases where a medical device fails with tragic consequences.

Our attorneys are highly skilled at representing the people whose lives are affected by defective medical devices. We understand that the harm caused by a medical device includes physical pain and also emotional trauma, and we know that such injuries can have a devastating impact on your finances.

If you or a loved one has been injured by a medical product, you need an experienced defective medical device lawyer to advocate for you. Let our experienced Sacramento and Oakland product liability attorneys ensure your rights are protected.

Don’t delay; your rights could be affected by your state’s statute of limitations. Call us toll-free at 916-461-8716  or schedule a free consultation online.

Defective Medical Devices



I had a very serious industrial injury and I was referred by a family friend to Brooks Cutter. He fought hard for my case and refused to back down to the large corporations we were up against. Brooks and his team were very responsive, and I appreciate how well things were explained to me when they didn’t make sense. As a result of this case, I have the resources I need to move forward with my life. I would certainly recommend Brooks Cutter and his team to my family and friends… Actually, I think I already have.

Garrett P.

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