What are the typical defense strategies used in medical device injury cases?

Medical device injury cases can be complex, and defendants typically employ various defense strategies in an effort to avoid liability. Generally, the most common defense strategies involve attacking the validity of the plaintiff’s claims, challenging the causation of the injury, or disproving the product was faulty. First, defendants may attack the validity of the plaintiff’s claims by introducing evidence that the plaintiff was aware of the potential risks associated with the product. This includes showing that the product had a warning label or instructions detailing the risks. Furthermore, the defense may attempt to prove that the plaintiff was not using the product correctly or that any injury was caused by something the plaintiff did that was not foreseeable. The defense may also challenge the causation of the injury, which means that it must be able to show that the injury was not directly caused by the product in question. This could include introducing evidence that the plaintiff had a preexisting medical condition or that the injury was caused by something else. Finally, the defense may try to disprove that the product was actually faulty or defective. This means showing that the product was manufactured properly or to industry standards. Additionally, the defense can try to show that any defect existed prior to the product being sold or that the plaintiff was aware of the defect prior to the injury. Overall, medical device injury cases can be complex and often involve multiple defense strategies. The defendant typically will try to attack the validity of the plaintiff’s claims, challenge the causation of the injury, or disprove that the product was faulty.

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