Defective pacemakers are implantable medical devices that pose a grave risk to those that have them. They are used on patients with cardiac complications; therefore, if the product is defective, it could lead to serious harm or death.

What is a Pacemaker?

Pacemakers are small medical devices implanted near the heart to deliver small electrical shocks and impulses which keep the heart rate at a consistent, safe rhythm. They are typically used for patients with some arrhythmias that have a slower heart rate than normal.

Medical practitioners prescribe a pacemaker when:

  • The patient has a prescription medication that slows their heart rate.
  • The patient suffers from a heart disease that affects electrical signals to the heart.
  • The patient suffers from syncope episodes because of a slow heart rate.
  • The patient has a sinus mode dysfunction in their heart.
  • The patient has undergone surgery on their upper chambers of the heart.

Medical Manufacturers are Responsible for Designing Safe Products

An accident attorney in Hudson Valley may be called in to assess a defective device case. This is because manufacturers are required to ensure all medical devices, including pacemakers, are safe and efficient. Detrimental defects, especially those that are foreseeable, should be corrected before the device is released to the market.

Because of the heightened numbers of heart disease in the United States, there is an equal number of heightened prescriptions for pacemakers. Therefore, it is imperative that manufacturers of these medical devices ensure that they are safe.

Legal Ramifications for Defective Medical Devices

A manufacturer is liable for any injuries caused by their defective pacemaker. An accident attorney in Hudson Valley may file a product liability claim against that manufacturer. Once an issue is reported, the manufacturer may issue a recall.

Issuing a recall, however, does not exclude the manufacturer from liability-based lawsuits. Once the device is found to defective, it is recalled and any injuries reported may file a claim against the manufacturer for their damages.

Patients who have been injured or families that have lost loved ones because of a defective pacemaker have the right to file suit against the manufacturer, supplier, retailer, or physician that implanted the device.

In some cases, the device itself is fine, but third-party components, such as the electrical leads, are defective. Other times, the device has no defects, and it is the way it was implanted. In this case, it would be the physician and possibly the hospital at fault for the injury or death.

An accident attorney in Hudson Valley can evaluate a patient’s legal rights after a defect damage has occurred. The plaintiff may be able to claim strict liability against the device’s manufacturer. Strict liability means that the manufacturer automatically is responsible for injuries. In these types of defective medical device claims, the plaintiff does not have to prove that the manufacturer was negligent.

Only an attorney can determine which parties are at fault for a defective medical device. Whether it is a defective pacemaker or other implantable medical device, patients must seek counsel from a product defect attorney first before assuming they have a claim.