A plain-language guide to knowing whether a faulty implant or device gives you a claim in Ohio, how long you have to file, and who you can hold responsible.
Did an implant or device you trusted end up hurting you instead? A medical device lawsuit in Ohio lets injured people seek money from the companies behind a faulty product. Wait too long, though, and a strict filing deadline can close the door on your claim.
Medical Device Lawsuit in Ohio: The Short Version
- Do you have a case? You may, if a design, manufacturing, or warning defect caused your injury.
- How long do you have? Under Ohio law, most device claims carry a two-year deadline, and a malpractice theory can cut that to one year.
- Ohio’s ten-year statute of repose can bar a claim brought long after the device was first delivered, so waiting puts your claim at risk.
- Who can you sue? The manufacturer, distributor, or seller, and in some cases the hospital or a provider who failed to warn you.
- Medical device recalls do not block your claim, and they may help show the device was dangerous.
- Strict liability means the focus is whether the device was defective, not whether the maker was careless.
- You may be able to recover medical expenses, lost wages, and pain and suffering.
- Rectifi takes defective medical device cases on contingency, so there is no fee unless we recover for you.
Do You Have a Medical Device Case?
A medical device lawsuit is a type of personal injury lawsuit built around a product defect rather than a person’s carelessness. A bad result after surgery does not always mean you have a claim. The law asks whether the device itself was defective. A defect may arise from the design, the manufacturing, or the warnings that came with the product.
Medical devices include surgical implants, surgical tools, and monitoring equipment. You also need to show the defect, rather than an existing condition or unrelated health conditions, caused your harm. Proof of an actual injury matters too, such as revision surgery, an infection, complications, chronic pain, or lasting damage. Our medical device lawyers review your medical records and the device history to see if the pieces line up.
If they do, you may have a product liability claim worth pursuing.
Types of Defective Medical Device Cases
Defective medical devices can cause serious injuries or even death. Injuries caused by a defective device can trace back to one of a few sources. Our lawyers look at the device, the maker, and the warnings given to patients and doctors.
Common defective medical device cases involve:
- Silicone breast implants linked to pain or illness.
- Hernia mesh tied to infection or revision surgery.
- Hip and knee implants that loosen or shed metal.
- CPAP machines with degrading foam.
- Birth control devices, such as IUDs, linked to organ perforation or migration.
Two large recalls show the pattern. Philips recalled certain CPAP devices on June 14, 2021, over toxic foam that could break down. Stryker recalled its LFIT V40 hip replacement parts in 2016 after reports of serious injury risks.
How Long You Have to File
Time limits end many device cases before a court ever hears the facts. Under Ohio Revised Code 2305.10, you generally have two years to file a product liability claim. The clock usually starts when you knew, or should have known, the device caused your injury.
A different theory can shorten your window. If your claim rests on a provider’s error rather than the product, Ohio Revised Code 2305.113 may give you as little as one year. Because the right deadline depends on the facts, you should ask medical device attorneys about your situation early.
Ohio’s Ten-Year Statute of Repose
Ohio sets an outer limit that runs apart from the two-year rule. Under Ohio Revised Code 2305.10, a product liability claim generally cannot be brought more than ten years after the device reached its first buyer. The limit is called a statute of repose.
Some narrow exceptions may apply, depending on the circumstances. A device implanted years ago can still fall inside the window if the harm surfaced recently. A lawyer can check the delivery date against your timeline and explain your legal options.
Who You Can Sue in Ohio
The company whose name is on the box is rarely the only target. Depending on the facts, potentially liable parties may include the manufacturer and certain suppliers, as well as healthcare providers or facilities. Our lawyers look at each link to find potentially responsible parties.
Possible defendants include:
- Manufacturer: the medical device company that designed or built the product.
- Distributor or seller: in certain circumstances, a business in the supply chain that handled the device may be liable under Ohio law.Hospital or clinic: a facility that may have mishandled or failed to track the device.
- Provider: a doctor who did not warn you of a known risk.
Name the right parties early to protect your ability to pursue available compensation, and let our team pursue the claim on your behalf.
Failure to Warn Patients and Doctors
Some claims turn on what the maker hid rather than how the device was built. Medical device manufacturers may have a duty to warn patients and doctors about risks they knew or should have known about. A failure-to-warn claim arises when those disclosures fall short.
The warning must reach the people who rely on it. A hidden risk that leads to injury can support a claim even when the device works as designed. Our lawyers can investigate evidence concerning what the company knew and when.
Why a Recall Does Not Stop You
Many people assume a recall ends their right to sue. That assumption is usually wrong: a medical device recall does not erase your claim, and it may provide evidence relevant to whether the device was dangerous. Recalls can occur when the hazards of a device outweigh its benefits.
You can also report a device problem to the Food and Drug Administration through its MedWatch program. The FDA regulates all medical devices sold in the country and tracks adverse events. A MedWatch filing does not start your lawsuit, though, so you still need to act on your legal deadline.
Strict Liability and the Defect
Ohio product liability law may allow certain claims without requiring proof that the manufacturer was negligent.. Under the Ohio Product Liability Act at Ohio Revised Code 2307.71 and the sections that follow, some claims rest on strict liability. The focus lands on whether the device was defective rather than on whether the maker acted carelessly.
You may still need to show the defect through one of three paths:
- Design defect: the device was unsafe even when built and used correctly.
- Manufacturing defect: a flaw entered during production and caused contamination or malfunction.
- Warning defect: the maker failed to warn of a known danger.
To win, plaintiffs need to prove the device was defective and caused harm. Our lawyers work with medical and engineering experts to evaluate which defect applies.
Damages You May Recover
A defective medical device can cost you long after the injury. Ohio law lets injured people seek economic and non-economic damages. The exact figure depends on your losses and how the harm affects your life.
Financial compensation in a device claim may cover:
- Medical bills: past treatment and future care.
- Lost income: wages missed and reduced earning ability.
- Pain and suffering: physical pain and the toll on daily life.
- Disability: lasting limits on how you live and work.
If a device claimed the life of a loved one, our lawyers may also pursue a wrongful death claim. Surviving family members may recover funeral costs and other losses.
How Rectifi Works on Contingency
Many injured people hesitate to stand up to a large medical device company because of cost. We remove that barrier with a contingency fee. You pay no lawyer fee up front, and an attorney fee is owed only if there is a recovery.
If there is no recovery, you owe no attorney fee. Clients may still be responsible for case costs and expenses, regardless of outcome, and we explain those terms in writing before you sign. A device maker has vast resources, and Rectifi personal injury lawyers bring the resources and experience to compete with it.
Talk With Rectifi About Your Device Injury
If you were injured by a defective medical device, an early call can help you understand and act on applicable filing deadlines. A defective medical device claim moves on a strict clock, and the sooner we review your case, the more we may be able to do to help you seek justice. Our defective medical device attorneys handle every defective device claim at no charge for the first review, looking at your records, the device, and your deadline. Contact Rectifi today for a free case review about your medical device lawsuit.
Frequently Asked Questions
What is the difference between a medical device lawsuit and a medical malpractice claim?
A defective medical device lawsuit targets a defect in the product itself. A malpractice claim targets a provider’s error, such as a mistake during a procedure. The two carry different deadlines, so the theory you use matters.
Is a medical device lawsuit the same as a class action?
No. Many medical device cases are consolidated in multidistrict litigation, or MDL, where similar claims share pretrial work but stay individual. A class action treats many people as one group. Your recovery in an MDL still rests on your own injury and losses.
Is a medical device claim the same as a defective drug claim?
No. A device claim targets a physical product, such as an implant or surgical tool. Defective drugs cause harm through the medication itself, and those claims can involve injuries such as liver damage or liver failure tied to a drug’s undisclosed side effects. The two proceed under separate legal theories, and each falls under Ohio product liability law.
What should I do after a device recall?
Keep the device if it was removed, and save every record tied to it. Follow your doctor’s medical advice first. Photos of the device and its packaging help your lawyer later.
What evidence helps a medical device claim?
The device itself, your medical records, and the product’s model and lot numbers. Photos, receipts, and the packaging help too. Save anything showing what the device was and how it harmed you.
Can I sue if I signed a consent form before surgery?
You may still have a claim. A consent form covers known surgical risks. It does not typically address a hidden product defect. The form rarely blocks a defective medical device case.
Does FDA approval of a device stop my lawsuit?
Not always. FDA clearance can raise legal defenses for some devices, but it does not automatically bar every claim. A lawyer can review how the approval path affects your case.
How long does a medical device case take?
It varies with the injury, the parties, and whether the claim joins an MDL. Some resolve in months, others take years. An early review helps set a realistic timeline for your situation.
Who pays my medical bills while the case is pending?
Your own health insurance or other coverage usually pays as treatment continues. A health insurer or Medicare may later claim repayment from a recovery through a lien. Keep every bill and payment record.
Responsible attorney: Bobby DiCello, 8160 Norton Parkway, Mentor, Ohio 44060
DISCLAIMER:
Rectifi.law, personal injury lawyers, provides all website content for general informational purposes only. Content is not legal advice and does not create an attorney-client relationship. Do not act, or refrain from acting, based on anything you read without consulting a licensed attorney about your own situation. No outcome can be predicted or guaranteed. Prior results do not guarantee a similar outcome.
