Filing a Defective Medical Device Lawsuit in Washington State: Implants, Meshes, and CPAPs

Patients in Washington rely on medical devices to improve their health and quality of life. From joint replacements to breathing machines, we trust that these products are safe and effective. However, when a device fails due to a design or manufacturing flaw, the results can be devastating. Residents of Seattle, Vancouver, and across the state who have suffered due to a defective medical device have the right to seek justice, but it is critical to understand who is at fault.

In most cases, the responsible party is the multi-billion-dollar device manufacturer, not the surgeon who implanted it. These lawsuits fall under the Washington Product Liability Act (Wash. Rev. Code § 7.72.010), which governs civil claims for harm caused by defective products. Because these cases require taking on large corporations, we highly recommend using our directory to find a product liability attorney with the resources and experience to fight for you.

Strict Liability vs. Medical Malpractice

It is essential to differentiate between these two types of claims. A medical malpractice claim alleges that your doctor's care fell below the accepted medical standard, such as implanting a device incorrectly. In contrast, a product liability claim asserts that the device itself was defective or unreasonably dangerous. Under the Washington Product Liability Act (Wash. Rev. Code § 7.72.030), strict liability applies to manufacturing defects where the product deviated from construction specifications under subsection (2). However, claims alleging design defects or inadequate warnings require proving manufacturer negligence under subsection (1), particularly for prescription medical devices governed by precedents like Terhune v. A.H. Robins Co., 90 Wash. 2d 9 (WA Supreme Court 1978).

Recalled Philips CPAP Ventilators Causing Cancer

Millions of people use CPAP and BiPAP machines to treat sleep apnea. Philips Respironics recalled millions of these devices because the sound-abatement foam used inside them could break down, causing users to inhale or ingest toxic particles. This has been linked to severe health issues, including respiratory problems and various forms of cancer. Victims in Washington can file a lawsuit against Philips in state Superior Court or join the national Multi-District Litigation (MDL) to seek compensation for their medical bills and suffering.

Defective Hernia and Transvaginal Mesh Complications

Surgical mesh made from polypropylene has been widely used for hernia repair and to treat pelvic organ prolapse in women. Unfortunately, many of these mesh products have been shown to shrink, erode, and migrate inside the body, leading to chronic pain, organ perforation, and the need for multiple painful revision surgeries. Companies like Johnson & Johnson and C.R. Bard have faced thousands of lawsuits from patients who were not adequately warned about these severe risks.

Faulty Hip and Knee Joint Replacements

While most joint replacements are successful, some have catastrophic failure rates. Many metal-on-metal hip implants were found to shed toxic metal ions into the bloodstream, causing a condition called metallosis, which destroys bone and tissue. Other knee replacement systems have had components loosen or break prematurely, requiring complex and painful revision surgery. A successful product liability claim requires showing the implant's design was flawed or that the materials used were not durable enough for their intended purpose.

Malfunctioning Pacemakers and ICDs

A pacemaker or implantable cardioverter-defibrillator (ICD) is a life-sustaining device. When one of these devices fails due to a defective battery or faulty wiring (leads), the consequences can be fatal. Manufacturers have a duty to design these products to the highest possible safety standards. A malfunction that leads to device failure, unnecessary electrical shocks, or the need for emergency replacement surgery is grounds for a product liability lawsuit against the manufacturer.

How to Start Your Claim

Your first step is to contact a qualified attorney. They will work with your doctors to obtain your medical records and identify the exact make and model of the device you received. These cases are filed in Superior Court, such as the Pierce County Superior Court, Tacoma. Most attorneys handle these cases on a contingency fee, so there is no cost to you unless they win your case.

Frequently Asked Questions (FAQ)