3 Positive Consequences of Medical Device Lawsuits for Women

Women have faced injustice for hundreds of years. However, they didn’t expect to face discrimination in the healthcare industry. 

Reports show that there’s huge gender inequality, leading to gaps in treatment ability and research. In some cases, there’s a lack of funding for clinical trials to gather data on women’s healthcare. All these have led to the development of poor-quality medical devices, leading to health consequences.

For example, the copper intrauterine device (IUD) used as a birth control broke inside women’s bodies. Almost six thousand women faced organ perforation, internal bleeding, and fertility issues due to this. The victims later filed lawsuits against the manufacturers once they learned about the quality issues.

Most of the time, these lawsuits influence women’s healthcare policies to find areas for improvement. In this blog post, we’ll discuss how product liability or medical device lawsuits can change everything for the better.

#1. Lawsuits Save Wronged Women From Financial Ruin

Let’s take the transvaginal mesh failure as an example. This product was used as a surgical implant to treat specific pelvic floor disorders. However, the mesh eroded inside the woman’s body due to the use of low-quality materials and improper testing. 

The patients eventually suffered organ perforation, bleeding, infections, and urinary problems. Hence, they needed to have this medical device removed. Unfortunately, managing the consequences of using defective medical devices can truly drain a woman’s finances. For instance, a Scottish woman traveled to America to remove her transvaginal mesh for a whopping £19,000. 

To make up for the rehabilitation, removal, and corrective surgery costs, women filed a vaginal mesh lawsuit. They wanted compensation for the medical bills, lost wages, permanent disability, emotional distress, and more. The victims also hired personal injury lawyers to help them gather evidence, assess the damages, and file a case.

According to TorHoerman Law, individual cases can receive payouts between USD 150,000 and USD 400,000. However, the exact compensation will depend on the proof plaintiffs provide in front of the jury and judge. 

This instance proves that lawsuits can become a vital recourse to spare women from experiencing financial devastation. With this legal avenue, they can get compensation for the losses incurred due to the medical industry’s negligence. 

#2. Recalls to Avoid Future Incidents

Medical device lawsuits highlight the need for recalls of defective devices. The FDA intervenes once it learns about the potential complications arising from healthcare devices. 

In 2023, there was an 11% rise in device recalls. The FDA did play a huge role in this because there were 975 recall activities that year. Needless to say, some of these medical products were geared toward women. 

The FDA will hold the device manufacturers responsible for inadequate testing and wrongful advertisements. Moreover, regulatory actions and investigations help them scrutinize the manufacturer’s safety standards, product efficacy, and processes. 

Holding them accountable for negligence and flaws helps the FDA highlight the need for changes in women’s healthcare. This inspires consumer confidence and compels the industry to make improvements. These legal actions are truly changing systemic flaws in the medical industry for a better future.

#3. Lawsuits Can Influence Healthcare Policies

As the product liability lawsuits progress, they highlight the importance of improved testing protocols, stricter regulations, and transparency. This is especially important when marketing or developing women’s medical devices. 

Lawsuits have a profound influence on healthcare policies. For example, it can catalyze reforms to address a female patient’s rights. With lawsuits, women can understand the consequences of medical malpractice, product liability, and negligence. It also proves the need for rigorous clinical trials and enhanced safety standards. 

Legal actions often compel medical institutions and device manufacturers to improve their policies to enhance women’s safety. It teaches them to be accountable for the mistakes they make and to compensate the victims. 

In some cases, legal actions are also a wake-up call for the FDA’s approval processes. Women can start to demand stricter regulations that prioritize their safety through proper clinical trials. 

The fight against malfunctioning medical devices can sometimes influence insurance coverage. For instance, companies can develop policies for all medical costs involving revision, removal, or follow-up surgeries. 

In summary, product liability lawsuits positively influence women’s healthcare. For instance, this legal action can pinpoint the issues in devices and healthcare policies for women. Examples include faulty manufacturing processes, a lack of proper testing, etc.

These lawsuits not only safeguard the victims but also get the FDA involved to facilitate any recalls. Some lawsuits have influenced a reform in insurance policies. These underscore a need for better testing and transparency.

In the end, such lawsuits can help formulate future policies for women’s healthcare, focusing on their safety.