Immediate Callback
An injury from a defective medical product can be catastrophic, both physically and emotionally. If a manufacturer or supplier has supplied unsafe devices or medicines, compensation can be pursued.
At Good & Murray Smith LLP, we have been providing specialist litigation services since 1895, guided by a tradition of excellence. Our legal team understands the profound impact that a defective medical device, contaminated pharmaceutical, or faulty surgical instrument inflicts. We are ready to advocate on your behalf with both empathy and determination.
Our firm handles a broad spectrum of product-related personal injury cases involving:
Examples include pacemakers, breast implants, cochlear implants, hip and knee prosthetics, spinal cord stimulators, defibrillators, and other implantable systems. Design flaws or manufacturing errors in these devices sometimes lead to life-altering complications, from chronic pain and infection to organ damage.
If a prescription drug or over-the-counter medication is tainted during production or distribution, the results is appalling for unsuspecting patients.Contamination may result in severe illness, worsening of existing conditions, or new, unexpected health problems.
Surgical items like scalpels, clamps, or laparoscopic tools must function precisely as intended. A defective instrument is frightening, as it may cause serious internal damage, infections, or prolonged surgery times with lasting health repercussions.
In each of these scenarios, Good & Murray Smith LLP employs technical expertise and legal experience to uncover how the product failed and who is liable.
A medical product is deemed defective when it does not perform to the standard a patient is entitled to expect, resulting in harm. This standard typically considers:
Inherent faults in the product’s blueprint or concept. For instance, a pacemaker with substandard components that fails prematurely, endangering a patient’s cardiac function.
Deviations from the planned design. Even top-tier designs is useless if poor manufacturing introduces contamination or structural faults.
Products must come with adequate instructions. If a medicine or device is marketed without proper guidelines, patients are put at extreme risk of misusing it and suffering grave harm.
When you entrust your health to a medical device, you deserve peace of mind that it has undergone rigorous testing. Sadly, some products slip through regulatory checks, and unsuspecting patients may end up paying the price.
Under this Act and general Irish law, to bring a claim for a defective medical product, you need to show:
As experienced solicitors, we gather all necessary medical records, expert testimonies, and product documentation to demonstrate each point and seek fair compensation for your suffering.
Good & Murray Smith LLP’s approach to defective medical product claims is shaped by more than a century of dispute resolution experience. We handle your case from start to finish:
We begin by discussing your case in detail. We listen to your account of the injury, examine any immediate evidence, and advise you on the strength of your claim. During this meeting, we explain your rights, potential compensation, and next steps.
Our team collects all crucial evidence, including medical records, receipts, product documentation, and any reports or complaints related to the defective product. This may involve preserving the defective product itself or obtaining expert assessments from engineers or healthcare professionals to identify the defect and link it to your injury.
Under Irish law, personal injury claims, including those involving defective products, generally require an application to the Personal Injuries Resolution Board (formerly known as PIAB). We submit your claim to the Injuries Board, which evaluates compensation by reference to medical reports.
If both parties (you and the manufacturer or distributor) agree to the Injuries Board assessment, the case is resolved at this stage. However, if the claim is disputed or the proposed compensation is inadequate, the process moves to the next step.
Our solicitors engage with medical and technical experts to establish the product’s defect, the full extent of your injuries, and the long-term impact on your life.
Many cases are resolved through negotiations between our legal team and the opposing party (the product manufacturer, insurer, or distributor). We fight to secure maximum compensation, ensuring all damages, including medical costs, lost income, rehabilitation, and pain and suffering, are accounted for.
If an out-of-court settlement cannot be reached, we take your case to court. As highly experienced litigators, we build a strong case and advocate fiercely on your behalf. Our history of success in product liability trials ensures you receive top-tier representation.
Once a resolution is reached, whether through negotiation or a court award, you receive compensation covering both general and special damages.
Persistent mechanical failures like noise and limited mobility can be grounds for a claim, especially if they cause pain, social anxiety, or reduced quality of life. Such defects could point to faulty design or substandard materials.
You can still claim for psychological trauma, the risks you faced, and the inconvenience of corrective surgery. Early intervention does not negate the liability of the manufacturer for a faulty device.
Improper or inaccessible instructions can be considered a defect. Manufacturers are required to provide clear, comprehensible guidelines tailored to the market where the product is sold. You may be entitled to compensation if inadequate instructions contributed to your injury.
Yes. If a defective instrument caused unnecessary injury, such as permanent scarring, you may be able to pursue a claim for both physical and psychological damage. Evidence from your surgeon, photos of the scarring, and medical records will be crucial.
Manufacturers and distributors have a duty to ensure timely and effective communication regarding recalls. Failure to inform consumers can heighten their liability for any injuries or long-term harm caused by the defective product.
You may be entitled to claim for both the physical and psychological consequences of the failure, including medical expenses, loss of earnings, and costs related to the pregnancy and child care. Courts consider such cases with significant sensitivity and legal scrutiny.
Yes. Devices intended to improve quality of life should not create new, debilitating symptoms. A claim can be brought against the manufacturer if the implant's defects resulted in physical and psychological suffering.
Misleading or incomplete labelling is a serious product defect. You can claim for the medical treatment costs, pain, and trauma resulting from the allergic reaction. Expert analysis of the product and your medical history will support your case.
Yes. Both faulty construction and improper sterilisation are defects that can endanger patients. Compensation may cover your infection treatment, hospitalisation, and any permanent effects on your health.
You can pursue a claim if a product designed for long-term use failed prematurely. Early wear-and-tear or malfunction due to manufacturing or design defects is unacceptable and grounds for compensation.
Yes. A defect such as irregular sizing can lead to excruciating pain, limited mobility, and further surgeries. Courts recognise the immense suffering caused by poorly manufactured medical implants.
Yes. Pharmaceutical companies have strict duties to ensure their drugs are safe and effective. If a drug worsened your health instead of helping, you may claim compensation for increased medical expenses, prolonged illness, and emotional distress.
If you or a loved one has been harmed by a defective medical device, contaminated pharmaceutical, or faulty surgical instrument, you are entitled to answers and compensation. Established in 1895, Good & Murray Smith LLP has been a cornerstone of Irish litigation for generations. Our personal injury and product liability specialists stand ready to champion your rights. Contact us today. When you reach out, we listen, advise, and provide a transparent overview of your next steps.
Immediate Callback
If you or a loved one has suffered due to medical negligence, don’t delay. Good & Murray Smith LLP is here to support you. Contact us to arrange a consultation to review your case and guide you through the next steps.
