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

In Washington medical device injury cases, defendants may rely on a variety of strategies to defend themselves and attempt to avoid liability. The first strategy is to claim that the injured individual was negligent when using the medical device, rather than any fault of the defendant. A defendant may also argue that the medical device was not defective, but that the fault lies with the physician who prescribed the device and/or with the user of the device. Additionally, the defendant may argue that the injured individual assumed the risk of injury when using the device, and that the manufacturer was not aware of any potential risks associated with the device. The second common defense strategy used in medical device injury cases is what is known as the “sophisticated user” defense. This concept claims that the user of the device should have been aware of any potential risks and should have been knowledgeable enough to operate the device safely. Generally, this defense attempts to shift the responsibility for the injury onto the injured individual for not using the device safely or properly. Finally, another defense strategy is to argue that the medical device injuries are “pre-existing conditions.” In this scenario, the defendant may attempt to prove that the injury was caused by prior medical conditions or prior health issues, rather than by any fault of the medical device. No matter what defense a defendant chooses to use in medical device injury cases, they must provide evidence to support their argument and prove that the injured individual was at fault. If the defense fails, the defendant may be held liable for the medical device injuries.

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

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