Defective Medical Devices: How to File a Claim in Florida

Medical devices are meant to make our lives better — not cause harm. From artificial joints and pacemakers to insulin pumps, hernia mesh, and surgical implants, millions of people rely on medical devices every day. When those devices fail, the consequences can be devastating.

A defective medical device can lead to severe complications, infections, organ damage, long-term disability, or even death. These cases are emotionally draining, medically complex, and legally challenging. But Florida law provides powerful tools to hold negligent manufacturers and distributors accountable.

If you were injured by a defective medical device, filing a claim may help you recover compensation for your medical expenses, lost income, pain and suffering, and long-term care needs. At Kogan & DiSalvo, we help Florida injury victims pursue justice when dangerous products cause life-altering harm.

This guide walks you through what makes a device “defective,” how these claims are proven, and how to file a claim in Florida.

What Counts as a Defective Medical Device?

A medical device may be considered defective if it fails to perform safely or properly, creating an unreasonable risk of harm to patients.

There are three primary types of defects:

1. Design Defects

The device is inherently dangerous before it is even manufactured.

Examples include:

• Hip implants with a design prone to metal shedding
  
• Surgical mesh that easily erodes or contracts
  
• Heart valves designed with materials that fracture under normal use
  

A design defect means the product is unsafe as designed, even if made perfectly.

2. Manufacturing Defects

The design may be safe, but something went wrong during production.

Examples:

• Contaminated surgical implants
  
• Pacemakers with faulty wiring
  
• Catheters that crack due to improper materials
  
• Hernia mesh batches weakened due to manufacturing mistakes
  

These cases focus on quality control failures.

3. Failure to Warn (Marketing Defects)

Manufacturers must provide adequate warnings and instructions. A device is defective if:

• Risks are not disclosed
  
• Side effects are minimized or hidden
  
• Instructions are unclear
  
• Doctors are not properly informed of known dangers
  

A manufacturer can be liable even if the device was designed and manufactured correctly.

Common Defective Medical Devices Linked to Injuries

While any device can fail, certain products have been the subject of major lawsuits:

• Metal-on-metal hip implants
  
• Hernia mesh products
  
• Transvaginal mesh
  
• Insulin pumps
  
• Pacemakers
  
• Defibrillators
  
• IVC blood filters
  
• Knee replacements
  
• Pain pump devices
  
• Breast implants
  
• Essure birth control
  
• Catheters and surgical warming devices
  

If you’ve been injured by any device — whether or not it’s on this list — Kogan & DiSalvo can help you understand your options.

Not sure if your device qualifies for a claim?

Kogan & DiSalvo is here to review your case and guide your next steps.

Types of Claims You Can File in Florida

In Florida, defective medical device cases typically involve one or more of the following legal theories:

1. Product Liability

This is the most common approach. Product liability holds:

• Manufacturers
  
• Distributors
  
• Retailers
  

responsible for selling unsafe products.

Claims may involve design defects, manufacturing defects, or failures to warn.

2. Negligence

A device manufacturer may be negligent if they:

• Conducted improper testing
  
• Ignored known risks
  
• Failed to recall a dangerous device
  
• Skipped safety inspections
  
• Rushed a product to market
  

Negligence claims focus on careless or irresponsible conduct.

3. Breach of Warranty

Manufacturers may be liable for breaking:

• Express warranties (promises about the device)
  
• Implied warranties (basic expectations of safety)
  

If a device fails to perform as expected, this may form the basis of a claim.

4. Wrongful Death

If a defective device causes fatal injuries, the victim’s family may file a wrongful death claim.

Who Can Be Held Liable?

Multiple parties may share responsibility, including:

• The manufacturer
  
• Component part manufacturers
  
• Distributors
  
• Hospitals or medical facilities (in limited cases)
  
• Sales representatives
  
• Testing laboratories
  

Experienced attorneys investigate every step of the device’s journey to identify all liable parties.

What You Must Prove in a Defective Medical Device Case

These cases often require significant evidence. You must demonstrate:

1. You used a medical device
   
2. The device was defective or unreasonably dangerous
   
3. The defect caused your injuries
   
4. You suffered damages as a result
   

Evidence can include:

• Medical records
  
• Device serial numbers
  
• Expert reports
  
• Recall notices
  
• FDA records
  
• Product testing results
  
• Imaging and diagnostic scans
  
• Surgeon statements
  
• Injury photographs
  

Kogan & DiSalvo works closely with medical experts, engineers, and forensic specialists to build strong cases.

How to File a Defective Medical Device Claim in Florida

Step 1: Seek Medical Attention

Your health comes first. Get evaluated to determine the cause and severity of your complications.

Step 2: Preserve the Device

If the device was removed, ask the surgeon or hospital to preserve it. Never throw it away — it may be crucial evidence.

Step 3: Gather Medical Records

Obtain all records related to:

• The device implantation
  
• Symptoms and complications
  
• Surgeries
  
• Hospitalizations
  
• Specialist evaluations
  

Step 4: Report the Issue

You or your attorney may file a report with the:

• FDA’s MedWatch program
  
• Manufacturer
  
• Healthcare facility
  

This helps support your case.

Step 5: Speak with a Personal Injury Attorney

Defective medical device cases often require:

• Expert testimony
  
• Technical evidence
  
• Complex legal filings
  
• Intensive investigation
  
• Access to national litigation networks
  

Most victims cannot handle these steps alone.

Step 6: File a Claim or Lawsuit

Your attorney will:

• Identify liable parties
  
• File claims with insurers
  
• Prepare legal complaints
  
• Gather evidence
  
• Negotiate settlements
  
• Represent you in court if needed
  

These cases can take time, but lawsuits can lead to significant compensation.

Kogan & DiSalvo is ready to stand up to medical device manufacturers and fight for the justice you deserve.

Compensation Available in Defective Medical Device Cases

Depending on the case, you may be entitled to compensation for:

• Medical bills
  
• Future medical care
  
• Corrective surgery
  
• Lost wages
  
• Reduced earning capacity
  
• Pain and suffering
  
• Emotional distress
  
• Disability or permanent impairment
  
• Scarring or disfigurement
  
• Wrongful death damages (for families)
  

Because the harm from defective devices is often severe, compensation can be substantial.

How Long Do You Have to File a Claim in Florida?

Florida’s statute of limitations for product liability claims is generally two years from the date you discovered (or should have discovered) the injury.

But the earlier you act, the stronger your case will be.

Why These Cases Are Challenging — and Why You Need an Experienced Attorney

Defective medical device cases are among the most complex personal injury claims because they often involve:

• Corporate legal teams
  
• National mass tort litigation
  
• Federal regulatory issues (FDA)
  
• Scientific and medical testimony
  
• Technical product analysis
  

Kogan & DiSalvo has the experience, resources, and network needed to take on powerful manufacturers and fight for full compensation.

Call Kogan & DiSalvo Today

If you or a loved one has been injured by a defective medical device, you don’t have to face the situation alone. These cases require strong advocacy, medical knowledge, and aggressive legal strategy.

Call Kogan & DiSalvo today for your free consultation. Your recovery starts with a call — and when results matter, we deliver.