Understanding Defective Medical Device Claims in Texas
When you have surgery or rely on a medical device, you’re placing great trust in someone else’s hands. You expect the device to be safe, to work the way it should, and for you and your doctor to get honest, clear information. You hope it will help you get better, not make things worse. But when that trust is broken, and the device is defective, everything can change in an instant. Suddenly, you’re facing new pain, more surgeries, confusing medical terms, and medical bills that just keep coming. It’s normal to feel angry, frustrated, and betrayed. You did everything right, and now you’re left to pick up the pieces.
Why Legal Help Matters for Medical Device Injuries
I’m Brad Parker. I’m the lawyer most people hope they’ll never need, but I’m here when things go wrong. At Parker Law Firm Injury Lawyers, we speak with people all across the Texas every day who are trying to understand why and how a medical device failed and what options they have now. Going up against large manufacturers, hospitals, and insurance companies can feel overwhelming and unfair. My role is to provide a level playing field by helping you understand your rights under Texas law and walking you through, in simple and understandable language, how a defective medical device claim works and what it could mean for your future.
Medical Malpractice vs. Product Liability
Many people think they have a medical malpractice case just because a doctor used or recommended a device. Sometimes that’s true, but most of the time, these cases are really about product liability. That means the focus isn’t on your doctor, it’s on the device itself and the companies that designed, built, and sold it. Put simply, a defective medical device claim says the device was unreasonably dangerous, and that defect is what caused your injury.
Types of Medical Device Defects in Texas Law
Texas product liability law looks at three main ways a device can be defective. First, there’s a design defect. This means the problem is in the blueprint or engineering. Even if every device is made exactly as planned, the design itself is unsafe. For example, a metal-on-metal hip implant that releases toxic metal into the body, even when it’s working as intended.
The second type is a critical manufacturing defect. Here, the design is fine, but something goes wrong during production or assembly. Maybe a part cracks during manufacturing, or the device gets contaminated during packaging. The third type is a labeling or marketing defect. This isn’t just about advertising. It’s about whether the company failed to give clear warnings or instructions about risks it knew or should have known about. If they didn’t warn doctors and patients about a serious risk, the device may be considered legally defective.
Proving the Device Caused Your Injury
What is most important is how the defect in your device connects to what you’re going through right now. I’ve seen cases where surgical mesh broke down and damaged the patient’s organs. For example, IVC filters moved from the vein to the heart or lungs, and joint replacements failed early, forcing people into painful revision surgeries years before they expected. Just because a device has been in the news or recalled by the FDA doesn’t automatically prove your case.
In Texas, we have to show that the defect in your specific device directly caused your injury. That means drawing a clear line from the defect to your pain, infection, organ damage, or other harm. Usually, this takes a careful review of your medical records and professional assessments from doctors and engineers who can explain exactly how and why the device failed in your situation.
Who Can Be Held Responsible?
A common question is, who can be held responsible in a defective medical device case? Mostly, it’s the manufacturer, the company that designed, tested, built, and sold the device. Sometimes other companies in the supply chain are involved, such as designers, testing labs, or distributors who helped get the product into hospitals and clinics. Texas law allows you to trace the chain of ownership to see who created and profited from bringing the device to market.
People also ask if they should sue their doctor or hospital. Usually, if your doctor implanted the device in good faith and relied on the manufacturer’s information, they are considered an “innocent seller” under Texas law and are not the main focus of a product liability claim. However, if a provider ignored a recall, changed the device, or had a financial arrangement that influenced their choice, that could raise separate issues of negligence or malpractice. Every case is different, so it is important to have someone investigate who knew what and when.
Legal Theories Involved in Medical Device Cases
In Texas, there are a few main legal theories we use in such cases. One is strict liability. This means that we focus on the product’s physical condition, not only what it was supposed to do. In a strict liability claim, we try to show that the device was already defective. Which means it reached you without major changes, and that the defect caused your injury. Even if the manufacturer claims it used great care, a product that’s unreasonably dangerous can still lead to liability.
Negligence and Breach of Warranty
Another theory is negligence, which looks at what the company did or didn’t do. Did the manufacturer rush the device to market without enough testing? Did they ignore warning signs in clinical data or overlook serious reports of harm after the product was sold? These are the kinds of questions we ask when we look at negligence. Breach of warranty is another possible theory. When companies sell medical devices, they make promises in their marketing and written materials, and also imply that the products will be reasonably fit for their intended use. If a device failed earlier or didn’t work as promised, that can support a breach-of-warranty claim.
The Importance of Evidence
No matter which legal theories apply, defective device cases depend on evidence. FDA alerts and recalls can often help show that a product line has problems. The device that was in your body, especially if it is removed during revision surgery, can be important evidence. It usually needs to be preserved and tested, not cleaned or thrown away. Medical records show what you experienced and help link the device to your injuries. Internal company documents, when available through legal discovery, can reveal what the company knew and when.
Role of the Expert Witnesses
Because these cases involve engineering, medicine, and regulatory issues, expert witnesses are an important part of the process. For example, if you are dealing with suspected metallosis from a metal hip, we may need a toxicologist to explain blood metal levels, a radiologist to interpret imaging, and an orthopedic surgeon to describe what they saw during surgery. If you want to learn more about the types of experts and information involved, you can visit our medical device legal resources at /medical-device-law-resources.
Statutes of Limitations and Timing Issues
Timing is a big deal in such cases. In Texas, personal injury claims, including most defective medical device cases, are governed by strict deadlines known as statutes of limitations. Most product cases follow the same rules as other injury cases, but every situation is different. Sometimes, the harm from a device isn’t obvious right away, and you might not realize it’s causing problems until months or even years after surgery.
In some cases, Texas courts apply a discovery rule that considers when you knew, or should have known, you were injured by a product. There are also statutes of repose, which can cut off claims based on how long it’s been since the product left the manufacturer. These timing rules are complicated and strict, so it’s best to talk to a Texas injury lawyer as soon as you think a device might be causing trouble, instead of waiting to see if things get better.
Damages You May Recover
If you have a strong claim for a defective medical device, Texas law may allow you to pursue several kinds of damages. This often includes covering past and future medical bills, such as the original surgery, follow-up as well as revision surgeries, hospital stays, prescriptions, physical therapy, and any ongoing care you need if the device caused lasting problems. If you missed work because of your recovery, or if your injuries make it harder to do your job or move forward in your career, you may also be able to claim lost wages and loss of future earning potential.
Non-Economic and Punitive Damages
There are also non-economic damages, which try to account for the individual impact of what you’re going through. These can include physical pain, mental anguish, loss of enjoyment of life, and physical impairment. In rare cases involving especially serious conduct, courts may consider punitive or exemplary damages, intended to punish and deter, not just to compensate. The value and availability of damages always depend on your specific facts, medical history, the strength of the evidence, and how Texas law applies to your case. No lawyer can honestly guarantee a specific result, and neither can we, but we can explain the types of losses that are usually considered in these cases.
Steps to Take if You Suspect a Defective Device
If you think you might have a defective medical device claim, there are various practical steps you can take to protect your health and your legal options. First, take care of your medical needs and keep following up with your doctors. If a surgeon suggests removing or revising a device, talk it over carefully with your medical team.
Before any revision surgery, it’s a good idea to contact a lawyer to see if the device can be preserved as evidence. Be careful about signing anything from a device manufacturer, hospital, or insurance company without knowing what it really means; some documents can affect your rights. A Texas personal injury lawyer who knows product liability can help you gather records, find experts, and talk to insurers so you don’t have to handle everything alone while you recover. Why Choose Parker Law Firm Injury Lawyers?
Not every lawyer handles complex product liability cases regularly. These claims contain detailed medical records, scientific evidence, and big companies that fight back hard. My practice focuses on serious injury cases, including Texas product liability matters. Some device cases may also overlap with other areas, like issues at the facility where you were treated or injured.
Keeping Up with Device Recalls and Safety Issues
Medical device lawsuits change as new ones are released and new problems are found. Recently, there have been major concerns and lawsuits about CPAP machines that exposed users to harmful foam, hernia mesh that caused infections or bowel issues, and some metal-on-metal hip implants that failed early and released toxic metal. Remember, a recall notice alone does not prove your case, but it can be an important part of the overall picture.
What to Expect When You Contact Us
We know that it’s tough to sort through all this when you’re in pain or anxious about a loved one. You might wonder whether calling a lawyer is even worth it. That’s why our first step is just to talk. We’ll listen to what happened, review your medical history and device details, and give you straightforward feedback about whether a defective device claim is a good fit. The first consultation is free. If we decide to work together, you don’t pay us unless we win your case. Our fee comes from the money we recover for you, never an upfront charge. If there’s no recovery, you owe us nothing. We work hard for our clients, and we believe in honesty, clear answers, and respect for your choices every step of the way.
Contact Parker Law Firm Injury Lawyers
Parker Law Firm Injury Lawyers has offices in Bedford and Fort Worth, and we help injured people all over Texas. If you or someone you care about has been hurt and you think a defective medical device is involved, you don’t have to handle this alone. You’re welcome to contact us, ask questions, and see if we can help you move from perplexity to a clear plan. This information is for general purposes only and doesn’t create an attorney–client relationship. Every situation is different, so you should talk with a licensed Texas attorney about your specific circumstances before making any decisions.
