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Dangerous medical products, recalls and your consumer rights

When you buy a product for a medical need you have or when you allow a doctor to implant a medical device in you, it is with the expectation that it is safe to use. Unfortunately, the companies that manufacture many medical products and devices do not always test their products as they should, ultimately putting innocent consumers at risk. Sometimes, it is necessary to recall these devices. 

The Food and Drug Administration is responsible for reviewing medical products and determining if there is a need to initiate a recall. There are a few different types of recalls, and it may help you to know about the differences and what they could mean for you as a consumer. If you have a faulty product or you suffered harm because of a dangerous device, it is smart to know how to protect your rights.

Types of recalls

The type of recall the FDA may initiate depends on how bad the risk is to consumers and what type of product it is. The FDA keeps a list of recalls on their website, but your doctor might notify you if there is a specific risk to you. The different classes of FDA recalls are as follows: 

  • Class III recall – These recalls involve devices that are essential for the sustaining of human life, including things like pacemakers, bone implants and more.
  • Class II recall – These recalls involve devices that will probably not cause a person serious harm as long as he or she uses it correctly. Examples include wheelchairs or some types of surgical pumps.
  • Class I recall – These recalls are for items like surgical gloves and other medical products that are unlikely to cause a patient injury.

When the FDA initiates a recall, it is because they received information that indicates a specific product could cause patient harm. Sometimes, a recall may too late to help some patients avoid suffering an injury, or at-risk patients may never receive notice of a recall.

Injured patients have rights

If you suffered harm because of a dangerous medical product, implanted device or drug prescribed by your doctor, you could have grounds to pursue financial compensation. Manufacturers and other parties may be liable for harm caused by defective consumer products, and you do not have to fight for your interests alone. You may find it beneficial to work with an experienced Tennessee attorney who can help you pursue appropriate recompense for your pain and suffering.

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