Answer to Question #101970 in Law for Ilyana Benavidez

Question

Even when a medical device passes the U.S. Food and Drug Administration’s rigorous premarket approval process, a person injured by the device can pursue state common law claims for negligence, strict liability, and implied warranty. True or false?

Answer 1

It is true that even when a medical device passes the U.S. Food and Drug Administration’s rigorous premarket approval process, a person injured by the device can pursue state common law claims for negligence, strict liability, and implied warranty. Medical engineers design medical devices to improve patient’s quality of life. It is challenging to establish responsibilities for medical device injuries, and therefore everyone hurt by medical devices should seek legal representation. Despite the rigorous strategies laid out by the FDA, flawed medical devices find their way into the market. Therefore, the manufacturer, alongside the associated parties, is liable for defective medical equipment.