The Trial Lawyer Fall 2017 - Page 36

PRODUCTWATCH DETERMINING EXACTLY Where, When, Why And How Medical Implants And Devices Fail By John McCloy It’s no secret that medical implants and devices are the most litigated cases in today’s courtrooms. Each year hundreds of thousands of medical implants and devices fail. Consequently the medical industry shells out annual settlements amounting to hundreds of millions of dollars. From product design, materials, manufacturing process and surgical installation to the patient himself, failure can be traced to any number of reasons. In order for litigators to act in the best interest of their clients — be they plaintiff or defendant — it’s critical to know with confidence exactly why failure occurred. 34 x The Trial Lawyer