Pittsburgh
Faulty Medical Devices Lawyer

Medical devices are supposed to restore health, not take it away. When implants fail, surgical instruments malfunction, or monitoring equipment gives false readings, patients can suffer serious injuries that require revision surgery, extended treatment, or lifelong care.

A Pittsburgh faulty medical device lawyer can help you pursue compensation after a defective device caused you harm. Ogg, Murphy & Perkosky, P.C., has seasoned attorneys with decades of experience in advocating for injury victims throughout Western Pennsylvania.

Call Our Attorneys: (412) 471-8500

Who Is Liable for a Faulty Medical Device in Pennsylvania?

Determining liability in a faulty medical device case is not always straightforward. Depending on how the harm occurred, responsibility may rest with the manufacturer, a healthcare provider, or multiple parties.

  • When the Manufacturer Is Responsible: Device makers can be liable for design defects, manufacturing defects, and failures to warn about known risks. These claims proceed under product liability law rather than medical malpractice.
  • When a Healthcare Provider Is Responsible: A properly functioning device can still cause harm if it is implanted incorrectly, used off-label without justification, or selected for a patient it was not appropriate for. These situations may support a malpractice claim.
  • When a Hospital or Distributor Is Responsible: Facilities that fail to maintain equipment, ignore recalls, or continue using devices with known problems may share liability.
  • Multiple Parties May Share Liability: Many device cases involve both a product defect and provider negligence. Identifying every available source of compensation is an important part of building a strong claim.

Common Types of Faulty Medical Devices

Device failures take many forms. Hip and knee implants can loosen, corrode, or shed metal debris. Surgical mesh can erode into surrounding tissue.

Pacemakers and defibrillators can misfire or lose battery prematurely. Infusion pumps can deliver the wrong dose, and monitoring equipment can fail to alarm when a patient is in distress.

Some failures trigger FDA recalls, while others come to light only through patient injuries.

Whether or not a recall exists, patients harmed by a defective device may have a claim.

Why Faulty Medical Device Claims Are Different

Most injury claims involve one set of legal rules. Device cases can involve product liability, medical malpractice, or both, and they often require preserving the physical device itself as evidence, something many patients do not realize until it is too late.

These details can significantly affect who is responsible and how the case is proven.

Our attorneys work to gather the information needed to determine:

  • What device was used and whether it has a defect or recall history
  • Whether the device itself can be preserved and examined
  • Whether the device failed or was used improperly
  • What warnings the manufacturer provided to physicians and patients
  • Which legal claims and defendants apply to your situation

Starting this investigation early helps preserve important evidence and can reduce unnecessary delays.

Get Your Free Case Evaluation

Understanding Your Rights After a Medical Device Injury

Pennsylvania law can affect your ability to recover compensation after a device-related injury. Some of the most important legal considerations include:

  • Time Limits to File: Under 42 Pa. C.S. ยง 5524, most injury lawsuits must be filed within two years. When a defect is not immediately apparent, the discovery rule may extend the deadline until the injury and its cause reasonably could have been discovered.
  • Product Liability Claims: Pennsylvania recognizes strict liability claims for defective products, meaning you may not need to prove the manufacturer was careless, only that the device was defective and caused your injury.
  • Medical Malpractice Requirements: If your claim involves provider negligence, the MCARE Act, 40 P.S. ยง 1303.101 et seq., and the certificate of merit requirement under Pa. R.Civ.P. 1042.3 will apply to that portion of the case.
  • Comparative Negligence: Pennsylvania follows a modified comparative negligence system under 42 Pa. C.S. ยง 7102, which can affect recovery in cases where fault is disputed.

An experienced attorney can investigate these issues and identify every available source of compensation.

How We Build Faulty Medical Device Claims

Device claims require technical investigation, preservation of physical evidence, and a clear understanding of both product liability and malpractice law.

  • Step 1: Learn About Your Injury – We begin by reviewing your treatment history, identifying the device involved, and explaining your legal options during a Free Case Evaluation.
  • Step 2: Preserve the Device and Records – If a device was removed or replaced, preserving it for expert examination can be critical. We act quickly to secure the device, surgical records, and device identification information.
  • Step 3: Investigate the Defect – Our team researches the device’s regulatory history, recall status, adverse event reports, and design, working with engineering and medical experts as needed.
  • Step 4: Identify Every Responsible Party – We evaluate claims against the manufacturer, distributors, and healthcare providers to pursue every available source of compensation.
  • Step 5: Pursue Full Compensation – We seek compensation for medical expenses, revision surgeries, lost income, future care, pain and suffering, and other losses through settlement negotiations or litigation when appropriate.
Scheduled An Initial Consultation With Us

Types of Faulty Medical Device Cases We Handle

Get Your Free Case Evaluation

Our firm represents clients injured by a variety of defective medical devices, including:

  • Hip and knee replacement failures
  • Surgical mesh complications
  • Pacemaker and defibrillator malfunctions
  • Infusion pump and insulin pump errors
  • Defective surgical instruments and robotic surgery equipment
  • IVC filter migration and fracture
  • Recalled implants and devices
  • Monitoring equipment failures

ABOUT
Why Choose Us For Faulty Medical Device Cases

Device cases can present unique legal challenges, particularly when manufacturers and providers each blame the other.

Whether your injury involves a recalled implant or a device failure no one warned you about, our attorneys can evaluate your claim, explain your legal options, and help determine who may be responsible.

At Ogg, Murphy & Perkosky, P.C., we have spent decades advocating for injury victims throughout Pittsburgh and Western Pennsylvania. We are committed to protecting your rights, handling the complexities of your claim, and pursuing the full compensation you deserve.

Get Your Free Case Evaluation
“

I highly recommend Mike Murphy and John Perkosky. They kept us informed every step of the way. Both are incredibly caring and were readily available to answer any questions we had. I felt completely confident in their abilities and am extremely grateful for all that they did. Mike and John fought hard to get us the best possible outcome for our case.

โ€“ Cheryl G.
“

The best firm in the city, and I'm not just saying that because of my name! Their level of legal knowledge here is unparalleled. Whether it's a personal injury or medical malpractice case, this firm is equipped to handle even the most complex matters. Their track record truly speaks for itself!

โ€“ Brandon O.
“

This Law Firm has a very unique way of handling your case. They strive to maximize your settlement, and I appreciate their hard work and professionalism.

โ€“ Tyler B.
“

I had such a great experience working with attorney Ben Gobel. His expertise and professionalism was evident throughout my case. He truly worked hard to bring me the best results. I highly recommend Ben for any personal injury issues.

โ€“ Ronald L.
“

Attorney Ben Gobel was fantastic. He was accessible and spent a lot of time reviewing my case with me, providing me with all of my options, possible outcomes and his recommendations. I had many questions and he answered every one of them thoroughly. Ultimately, I felt heard and had a better than anticipated outcome to my case!

โ€“ Erin O.

Frequently Asked Questions About Pittsburgh Faulty Medical Device Claims

View All FAQs

Possibly. A recall is strong evidence of a problem, but it is not required. If the device was defective and caused your injury, you may have a claim regardless of recall status.

Yes, if at all possible. Ask your surgeon and hospital to preserve the explanted device before your revision surgery. The device itself is often the most important piece of evidence in the case.

It depends on whether the device failed, the provider erred, or both. Many cases involve claims against multiple parties, and an attorney can evaluate which claims apply to your situation.

Under 42 Pa. C.S. ยง 5524, Pennsylvania generally allows two years, though the discovery rule may extend the deadline when the defect was not immediately apparent.

Some devices are the subject of consolidated litigation involving many injured patients. We can evaluate whether joining existing litigation or pursuing an individual claim better serves your interests.

We handle faulty medical device cases on a contingency fee basis. There are no upfront attorney fees, and you owe nothing unless we recover compensation on your behalf.

Get Trusted Legal Guidance After a Medical Device Injury

Faulty medical device claims involve technical evidence, well-funded manufacturers, and overlapping areas of law, but you don’t have to navigate them alone. Our attorneys can investigate the device, identify every responsible party, and fight for the compensation you deserve.

Contact us today at (412) 471-8500 for a free case evaluation, you pay no attorney fees unless we recover compensation for you.

Call (412) 471-8500 today for a free case evaluation.

    18 + 9 =

    The results obtained in any particular case depend upon the specific facts and circumstances of that case. Past verdicts and settlements do not guarantee or predict a similar outcome in future cases.

    245 Fort Pitt Blvd., Pittsburgh, PA 15222, US