What are the typical defense strategies used in medical device injury cases?
When a person sues a manufacturer claiming they were injured due to a medical device, the manufacturer may use a variety of defense tactics. Some of these tactics are unique to Tennessee and some are used in other states as well. The primary defense used by medical device manufacturers is to argue that the plaintiff was not injured due to the device itself, but rather because they misused it or had a pre-existing condition. Another common defense is that the device was approved by the Food and Drug Administration (FDA). The manufacturer will argue that the device was deemed safe and that the plaintiff was responsible for any injuries that arose from its use. In Tennessee, the manufacturer may argue that the claims of the plaintiff are time-barred. This means that the legal process was started after a certain period of time had elapsed, making the claim invalid. Manufacturers may also argue that the plaintiff assumed the risk when they used the device and that the manufacturer is not liable for any injuries. Another defense strategy used in medical device cases is to argue that the product is covered by the doctrine of state-of-the-art. This doctrine states that a medical device manufacturer cannot be held liable if they followed the standards of the time and produced a product that was deemed safe by the FDA. Finally, the manufacturer may argue that the plaintiff did not properly document their case to show that the medical device caused their injury. They will challenge any evidence provided by the plaintiff and point out any inconsistencies in the documents presented. Overall, the defense strategies used in medical device injury cases can vary from case to case. It is important for those pursuing legal actions against medical device manufacturers to understand the defenses they may face, so they can effectively prepare their case.
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