MAUI TRAGEDY: For over 40 years, Davis Levin Livingston has represented our friends and neighbors on all the islands and they will be there for you in this hour of tragedy. Click here for more information.

Skip to Content
  • Inner Circle 7
  • Best Law Firms 1
  • Best Law Firms 2
  • 500 Law Dragon
  • Best Lawyers 2022
  • Super Lawyers
  • Best Lawyers Year 2022
  • International Academy
  • Honolulu Mag
  • National Law Journal
  • American College Trial Lawyers
  • AV Preeminent
  • American Assoc for Justice

Honolulu Defective Medical Device Attorneys

How Can a Defective Medical Device Cause a Birth Injury?

Defective medical devices can cause severe and life-threatening injuries to patients. When these devices are used on pregnant women, they can also cause serious birth injuries to their babies. In these cases, both the mother and child may have grounds for a product liability claim against the device manufacturer, distributor, and other parties in the supply chain.

At Davis Levin Livingston, our attorneys have extensive experience representing clients in a wide range of defective medical device claims. We know what it takes to win these cases, and we are prepared to go up against even the largest medical device manufacturers and their insurers. If you or your child was hurt by a defective medical device, we can help you maximize your entitled compensation.

Call us at (808) 740-0633 or contact us online to request a confidential consultation with one of our defective medical device lawyers in Honolulu.

What is a Defective Medical Device?

A defective medical device refers to any medical device that does not perform as intended or poses an unreasonable risk of harm to patients when used as directed. These defects can occur during the design, manufacturing, or marketing process. Defective medical devices can lead to serious injuries, health complications, or even death for patients who use them.

Common types of defective medical devices include:

  • Faulty Implants: Implants such as hip replacements, breast implants, or surgical mesh can be defective if they break, rupture, or cause infections or other adverse reactions.
  • Malfunctioning Medical Equipment: This includes devices like defibrillators, pacemakers, or infusion pumps that may fail to deliver the intended treatment or cause harm due to electrical malfunctions, software glitches, or other issues.
  • Contaminated Products: Medical devices that are contaminated during manufacturing or sterilization processes can lead to infections or other complications when used in patients.
  • Defective Surgical Instruments: Tools used in surgical procedures can be defective if they break, malfunction, or are improperly sterilized, leading to complications during surgery or post-operative infections.
  • Misbranded or Mislabeled Devices: Devices that are improperly labeled with incorrect instructions, inadequate warnings, or misleading information can pose risks to patients who use them.
  • Design Defects: Some medical devices may have inherent flaws in their design that make them prone to failure or cause harm to patients even when used correctly.
  • Recalled Devices: Medical devices that have been recalled due to safety concerns or defects may still be in use by patients, putting them at risk of injury or harm.
  • Unsafe Materials: Medical devices made with unsafe materials or substances can lead to allergic reactions, toxicity, or other adverse effects in patients.

How Can I Report a Defective Medical Device?

Hawaii has laws that govern product liability, which includes strict liability principles. These laws hold manufacturers, distributors, and sellers accountable for injuries caused by defective products that are unreasonably dangerous when used as intended.

To establish strict liability in Hawaii, a plaintiff typically needs to demonstrate that the product was defective, the defect existed when the product left the control of the defendant, and the defect caused the plaintiff's injuries or damages. Unlike negligence claims, plaintiffs don't need to prove that the defendant acted negligently.

If you suspect that you were hurt by a defective medical device, you should take the following steps right away:

  • Get medical attention immediately. You need to see a doctor who is familiar with the device and can diagnose your injuries. If the device is still inside your body, the doctor may need to remove it as soon as possible.
  • Report the defective medical device to the FDA. You can do this online, by mail, or by fax. Be sure to keep a copy of your report and get a confirmation of receipt from the FDA. You should also report the defective device to the manufacturer.
  • Keep all related medical records. This includes your medical records from the day of the incident as well as any records related to your ongoing treatment for your injuries.
  • Take photographs of your injuries. If you have visible injuries, you should take photos of them from multiple angles. You should also take photos of any other evidence, such as the device itself.
  • Get in touch with an attorney who has experience handling defective medical device cases. Your lawyer can help you gather the evidence you need to prove your claim and fight for the full, fair compensation you are owed.

Remember, you only have a limited amount of time to take legal action after being hurt by a defective medical device. In Hawaii, you generally have two years from the date of the incident to file a personal injury claim. If you were hurt by a defective medical device and are just now discovering your injuries, you have two years from the date you first discovered your injuries to file a claim.

However, if you were hurt by a defective medical device while you were pregnant, your time to file a claim may be extended. In these cases, the clock on the statute of limitations does not start ticking until your child's second birthday. This means that you generally have until your child turns four years old to file a birth injury claim. However, you should contact a defective medical device lawyer as soon as possible to make sure you do not miss any important deadlines.

How Can a Lawyer Help with My Defective Medical Device Claim?

When you take legal action after being hurt by a defective medical device, you will be going up against the device manufacturer, distributor, and other parties in the supply chain. These companies have vast resources and teams of lawyers who will be working hard to pay you as little as possible for your injuries. That is why it is so important to have an experienced attorney on your side who knows how to win these cases.

A defective medical device lawyer can help you by:

  • Investigating the device and the circumstances surrounding your injuries
  • Working with medical experts to prove that the device was defective and that it caused your injuries
  • Determining who is liable for your injuries and filing a claim against them
  • Calculating the full value of your damages
  • Negotiating with the at-fault parties' insurers for a fair settlement
  • Preparing your case for trial and representing you in court if necessary

Our attorneys have been helping clients in Honolulu and throughout Hawaii with defective medical device claims for decades. We know how to win these cases, and we are ready to put our experience to work for you. When you choose Davis Levin Livingston, you can trust that you will have a strong and experienced advocate on your side.

If you or your child were hurt by a defective medical device, Davis Levin Livingston is here to help. Our attorneys have been fighting for the rights of injured patients and their families for decades, and we know how to win even the most complex defective medical device cases. We will help you fight for the full, fair compensation you are owed, and we will do everything we can to help you get the justice you deserve.

Call our office at (808) 740-0633 or contact us online to schedule a consultation with one of our defective medical device lawyers in Honolulu. We look forward to helping you.

Four Decades of Record Breaking Victories

  • $104,000,000 Child Sex Abuse

    We're proud to have secured a landmark $104 million settlement for victims of abuse against Kamehameha School. This ground-breaking case marks a significant victory for the victims, with the school agreeing to settle.

  • $29,400,000 Medical Malpractice

    Physicians at Tripler Army Medical Center failed to order a crucial test that would have detected a twisted gut in a 1-month-old baby, resulting in the loss of 95% of the baby's small intestine and leading to lifelong disability.

  • $15,400,000 Wrongful Death

    The state has agreed to a $15.4 million settlement in a civil lawsuit filed by the families of two hikers who fell to their deaths on a Kauai hiking trail in 2006.

  • $15,000,000 Vacuum/Forceps Injury

    The hospital improperly attempted to deliver a post-date baby using a traumatic second-stage vacuum extraction. This extraction and the delay in delivery resulted in permanent brain damage to the baby.

  • $9,975,000 Brain Injury

    The hospital's failure to monitor an infant's rising bilirubin levels led to bilirubin encephalopathy and kernicterus, resulting in severe and permanent brain damage. A settlement of $9,975,000 was obtained.

  • $9,500,000 Medical Malpractice

    Surgeons at Tripler Army Medical Center reattached the small intestine backward during gastric bypass surgery, leading to complications that ultimately resulted in the death of a 31-year-old Army wife and mother of three.

Why Davis Levin Livingston?

  • Available by phone 24/7 & ready to help.
  • Secured tens of millions of dollars on behalf of our clients.
  • Highest malpractice judgment in U.S. history against a military hospital.
  • Includes an experienced medical team including a nursing staff to answer your questions.
  • Mark Davis and Mike Livingston have been recognized as some of the best lawyers in Hawaii.
  • Resources available to advance your expenses; no cost or fees unless Davis Levin Livingston wins your case.

Dedicated Legal Counsel You Can Count On

Helping Families throughout hawaii for over 40 years
  • "Professional, KIND, and understanding"
    They are most professional, KIND, and understanding. Thank you Matt Winter for all your help.
    - Clare T.
  • "We wouldn't have chosen any other team!"
    Mathew Winter and the whole staff of Davis Levin Livingston guided us every step of the way and made sure we understood everything that was going on. They were always so welcoming and compassionate. Communication was never a problem and emails were answered super fast, especially when we had so many questions. They
    - Maariel
  • "The absolute best firm in Hawaii. Compassion and professionalism at its best!"
    Truly a wonderful experience with everyone at the firm. I can't thank you enough for helping provide closure for my family and me during this process. The absolute best firm in Hawaii. Compassion and professionalism at its best!
    - Daniel
  • "After doing extensive research I knew that Davis Levin Livingston was the firm for me due to the success they have had in cases like mine."
    After doing extensive research I knew that Davis Levin Livingston was the firm for me due to the success they have had in cases like mine. What surprised me was their personal touch. In the 3
    - Anthony