How to File a Lawsuit for a Defective Medical Device in Colorado
Every year, thousands of patients experience serious harm due to defective medical devices. The New York Times reports that nearly 2 million injuries and over 80,000 deaths over a ten-year period can be linked to faulty medical devices.
In some cases, these devices were rushed to market or not adequately tested. In others, a manufacturing error or design flaw puts patients at risk. If you’ve suffered an injury due to a medical device in Colorado, you may be entitled to compensation through a defective medical device lawsuit.
At Leventhal Puga Braley P.C., we help clients hold manufacturers, healthcare providers, and distributors accountable when a device fails to meet basic safety expectations.
What Is a Defective Medical Device?
A medical device may be classified as defective when it causes injury due to a flaw in its design, manufacture, or marketing. Common examples include:
- Hip and knee medical implant failure
- Faulty surgical mesh or hernia implants
- Defective pacemakers or cardiac defibrillators
- Broken catheters or guidewires
- Bone screws, plates, or joint replacements that break or corrode
- Devices subject to FDA medical device recalls
When these devices malfunction, patients can suffer from chronic pain, additional surgeries, internal injuries, infections, or even death. In the most severe cases, the harm can be permanent and life-altering.
Legal Grounds for a Defective Medical Device Lawsuit
Colorado recognizes certain legal frameworks under which victims can pursue compensation for injuries caused by defective medical devices.
Strict Liability
Under Colorado law, strict liability allows plaintiffs to hold manufacturers accountable for defective products without proving negligence. If the product was unreasonably dangerous and caused injury while being used as intended, the manufacturer may be liable.
To prevail under strict liability, you must prove:
- The product was defective.
- The product was unreasonably dangerous because of its defect.
- The product reached the plaintiff without change to its condition.
- The product injured the plaintiff.
- The defect was a cause of the plaintiff’s injury.
Negligence
A negligence claim requires proving that a party (such as a manufacturer, distributor, or medical professional) failed to use reasonable care. This could involve:
- Inadequate testing before product release
- Failing to follow quality control protocols
- Ignoring reports of device failure or side effects
- Releasing a product without proper warnings
Breach of Warranty
Manufacturers may be held liable for violating implied or express warranties. An implied warranty guarantees that a product is fit for its intended use, while an express warranty is a specific promise made by the manufacturer or seller.
If a device doesn’t perform as promised and it causes injury, this can form the basis for a breach of warranty claim.
Filing a Defective Medical Device Lawsuit
Seeking Immediate Medical Attention
Your health comes first. See a physician immediately to evaluate the device and assess the extent of your injury.
Consulting a Defective Medical Device Injury Attorney in Colorado
Contact an experienced Denver defective medical device injury lawyer as early as possible. A qualified attorney will:
- Review your medical history and device documentation
- Research FDA warnings and recalls
- Consult with medical experts
- Determine whether you are eligible for individual or class action litigation
- File your claim within Colorado’s statute of limitations
Investigating Liability and Causation
Your Denver medical malpractice lawyer will work with experts to establish whether the device was:
- Improperly designed (design defect)
- Defectively manufactured (production error)
- Lacking adequate instructions or warnings (marketing defect)
This may involve obtaining internal company documents, collecting adverse event reports, and consulting biomedical engineers.
Filing the Lawsuit
Once evidence is collected, your attorney will file the lawsuit in the appropriate court, asserting claims under Colorado product liability law. This may be done individually or as part of a mass tort if other people have suffered similar injuries from the same device.
Negotiating or Litigating
Many cases settle before trial, but Leventhal Puga Braley P.C. prepares every case to go before a jury.
What Damages Can You Recover?
A successful defective medical device lawsuit can provide compensation for:
- Medical expenses: past and future surgeries, rehabilitation, medications
- Lost income: both current and reduced future earning capacity
- Pain and suffering: physical pain, emotional trauma
- Loss of enjoyment of life: inability to engage in hobbies or family life
- Permanent disability: in cases where the injury results in lifelong impairment
In cases where manufacturers act with gross negligence or willful disregard, punitive damages may also be awarded.
How an FDA Recall Can Affect Your Case
Many defective device cases involve products subject to FDA medical device recalls. While an FDA recall can strengthen your case, it’s important to note that a recall is not required to file a lawsuit.
You may have a valid claim even if:
- The device was not recalled
- The recall happened after your injury
- The recall involved a different type of failure
Time Limits for Filing in Colorado
Colorado generally requires product liability lawsuits to be filed within two years of discovering the injury. However, deadlines may vary based on when the defect was discovered, when the device was implanted, or if the injured party is a minor. It’s important to act quickly and speak with a legal professional before your window to file closes.
Reasons to Choose Leventhal Puga Braley P.C.
When a medical device fails, you need more than a generic personal injury lawyer, you need a firm with deep experience in high-stakes, medically complex litigation.
Leventhal Puga Braley P.C. is nationally recognized for our work in catastrophic injury and medical malpractice cases. Our legal team includes attorneys who have secured multimillion-dollar verdicts in cases involving surgical errors, defective implants, and dangerous pharmaceuticals.
We work with industry-leading medical experts and trial consultants to present strong, science-backed cases. We don’t shy away from trial because we believe every client deserves dedicated representation by a firm that’s fully prepared to challenge large manufacturers and hospital systems in court.
Speak With a Trusted Defective Medical Device Attorney in Colorado
If you or someone you love has suffered harm due to a defective medical device, don’t wait. Give us a call at (303) 759-9945 or toll-free at (877) 433-3906 to learn more today.
At Leventhal Puga Braley P.C., there is no charge for your initial consultation. Your health matters. Let us fight for the justice you deserve.