What Is a Defective Medical Device Case?

Harmed by a defective medical device? Failed implants, surgical instruments, and diagnostic equipment cause serious injuries. Our product liability lawyers hold device manufacturers accountable.

— Reviewed by Eric Roden, Founding Partner, CEO at Roden Law

Defective Medical Device Lawyers in Georgia & South Carolina

Medical devices — from hip and knee implants to surgical mesh, pacemakers, insulin pumps, and diagnostic equipment — are supposed to improve health outcomes. When these devices are defectively designed, manufactured, or marketed, they can cause catastrophic harm: implant failures requiring revision surgery, internal bleeding, organ damage, infection, chronic pain, and even death. The FDA receives hundreds of thousands of medical device adverse event reports annually, and major device recalls affect millions of patients.

At Roden Law, our defective medical device lawyers represent patients throughout Georgia and South Carolina who have been harmed by devices that failed to perform safely. We pursue claims against device manufacturers under strict liability, negligence, and breach of warranty theories. When defective devices cause injury through improper surgical implantation or use, we pursue claims against both the manufacturer and the healthcare provider.

Common Defective Medical Devices

Medical device failures span a wide range of products:

  • Joint replacement implants: Hip and knee implants that fail prematurely, release metal ions into the bloodstream (metallosis), or cause bone deterioration — DePuy ASR hip implant and similar metal-on-metal devices have been the subject of massive litigation
  • Surgical mesh: Hernia mesh and transvaginal mesh products that erode, contract, or cause chronic pain, infection, and organ perforation
  • Cardiac devices: Pacemakers, defibrillators (ICDs), and heart valves that malfunction — including devices with defective leads that fracture or fail to deliver therapy
  • Spinal implants: Spinal fusion hardware, artificial discs, and bone growth stimulators that fail or cause nerve damage
  • Insulin pumps and infusion devices: Devices that deliver incorrect dosages, malfunction, or fail to alert to dangerous conditions
  • Surgical instruments: Power morcellators, robotic surgery systems, and other surgical tools that malfunction during procedures
  • Intrauterine devices (IUDs): Devices that migrate, perforate the uterus, or break during removal

Three Types of Medical Device Defects

Medical device claims typically involve one or more of three defect categories:

  • Design defect: The device’s design is inherently unsafe — every unit produced has the same dangerous characteristic. For example, a metal-on-metal hip implant design that inevitably generates toxic metal debris
  • Manufacturing defect: The design is sound, but a particular unit was improperly manufactured — contaminated during production, assembled incorrectly, or made with substandard materials
  • Marketing defect (failure to warn): The manufacturer failed to adequately warn physicians and patients about known risks, side effects, or contraindications

Georgia and South Carolina Product Liability Law for Medical Devices

Georgia’s product liability statute (O.C.G.A. § 51-1-11) provides strict liability for defective products that are unreasonably dangerous. The “learned intermediary” doctrine, recognized in both Georgia and South Carolina, provides that a medical device manufacturer may satisfy its duty to warn by providing adequate warnings to the prescribing physician rather than directly to the patient — making it critical to prove that warnings to physicians were inadequate.

South Carolina recognizes strict liability for defective products under common law, following the Restatement (Third) of Torts. Georgia’s comparative fault rule (O.C.G.A. § 51-12-33) applies, with a 50% bar in Georgia and 51% in South Carolina.

FDA Preemption Challenges

Device manufacturers frequently argue that FDA approval “preempts” (blocks) state law product liability claims. The legal landscape is complex:

  • PMA devices: Devices that received FDA Premarket Approval (PMA) have greater preemption protection under the Supreme Court’s Riegel v. Medtronic (2008) decision, though claims based on manufacturing defects and violations of FDA requirements may survive
  • 510(k) devices: Devices cleared through the 510(k) “substantially equivalent” pathway receive less preemption protection under Medtronic v. Lohr (1996) — most state law claims can proceed

Our attorneys analyze the specific FDA pathway for each device to craft claims that survive preemption challenges.

Filing Deadlines

Georgia’s statute of limitations is 2 years from the date of injury (O.C.G.A. § 9-3-33) with a 10-year statute of repose. South Carolina allows 3 years (S.C. Code § 15-3-530). For medical devices, the injury may not be discovered until years after implantation — the “discovery rule” may toll the statute of limitations until the patient knew or should have known of the defect.

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What to Do After A defective medical device

  1. Ensure safety and call 911. Move to a safe location if possible. Call emergency services to report the accident and request medical attention for anyone injured.
  2. Seek immediate medical attention. Even if injuries seem minor, get examined by a doctor. Some injuries — such as traumatic brain injuries or internal bleeding — may not show symptoms immediately.
  3. Document the scene. Take photos of all vehicles, injuries, road conditions, traffic signs, and any visible damage. Collect names and contact information from witnesses.
  4. Exchange information with all parties. Get the other driver's name, insurance information, license plate number, and driver's license number. Do not admit fault or apologize.
  5. Report the accident to police. your state law requires accident reports when there are injuries or significant property damage. Request a copy of the police report.
  6. Notify your insurance company. Report the accident to your insurer promptly. Provide factual information only — do not speculate about fault or the extent of your injuries.
  7. Contact an experienced personal injury attorney. An attorney can protect your rights, handle communications with insurance companies, and help you pursue the full compensation you deserve. Roden Law offers free consultations — call today.

Proving Your Defective Medical Device Case

To win a personal injury case involving a defective medical device, your attorney must establish the four elements of negligence by a preponderance of the evidence.

01

Duty of Care

The other party owed you a legal duty to act in a manner that ensured your safety.

02

Breach of Duty

The other party breached that duty by failing to act as a reasonably prudent person would have.

03

Causation

The breach directly caused your injuries. We gather evidence proving that but for their negligence, you would not have been harmed.

04

Damages

You suffered actual, quantifiable damages — medical expenses, lost income, pain and suffering — as a direct result.

Compensation Available in Defective Medical Device Cases

Victims of a defective medical device injuries in Georgia and South Carolina can pursue economic damages (quantifiable financial losses) and non-economic damages (quality-of-life impacts). There is no cap on compensatory damages in either state.

Economic Damages

  • Past and future medical expenses
  • Lost wages or income
  • Loss of earning capacity
  • Property damage and repair/replacement
  • Cost of rehabilitation and physical therapy
  • Assistive medical equipment
  • Cost of long-term or lifelong care

Non-Economic Damages

  • Pain and suffering
  • Mental and emotional distress
  • Loss of companionship (spouse/family)
  • Disability and disfigurement
  • Loss of enjoyment of life
  • Humiliation or loss of reputation

Non-economic damages can only be pursued through a personal injury lawsuit, not a standard insurance claim.

Statute of Limitations for Defective Medical Device Cases

The statute of limitations is the legal deadline for filing a personal injury lawsuit. In Georgia, you have 2 years from the date of injury (O.C.G.A. § 9-3-33). In South Carolina, you have 3 years (S.C. Code § 15-3-530). Missing this deadline permanently bars your claim.

🍑 Georgia Filing Deadline 2 Years O.C.G.A. § 9-3-33
🌙 South Carolina Filing Deadline 3 Years S.C. Code § 15-3-530

If you fail to file within the statute of limitations, your claim will be dismissed and you will permanently lose the right to pursue compensation.

What If I'm Partially At Fault?

🍑 Georgia — Modified Comparative Fault

You can recover if less than 50% at fault (O.C.G.A. § 51-12-33). Your award is reduced by your fault percentage.

🌙 South Carolina — Modified Comparative Fault

You can recover if less than 51% at fault. Your award is reduced by your fault percentage.

For example, if you filed a $100,000 lawsuit and a court finds you are 30% at fault, your award would be reduced to $70,000. Our attorneys work to minimize any fault assigned to you.

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Roden Law Defective Medical Device Lawyers Results at a Glance

$250M+ Recovered for injured clients across Georgia and South Carolina
4.9 / 5.0 Average client rating based on 500+ verified reviews
5,000+ Cases successfully handled since 2013
62 years Combined attorney experience across 5 office locations

Source: Roden Law firm records and verified Google Business Profile reviews, updated April 2026.

Recent Case Results

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Results shown are gross settlement/verdict amounts before fees and costs. Past results do not guarantee similar outcomes.

About the Author

Eric Roden, Founding Partner, CEO at Roden Law

Eric Roden

Founding Partner, CEO State Bar of Georgia Georgia Court of Appeals Supreme Court of Georgia

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