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An injury from a faulty medical device is harrowing both physically and emotionally. When your health has been jeopardised by a pacemaker, implant, or similar device that failed to function safely, you may have the right to claim compensation.
With over a century of experience, Good & Murray Smith LLP solicitors combine advanced legal knowledge with deep empathy to advocate on behalf of those who have suffered. We believe passionately in righting wrongs and helping victims to seek the compensation they are entitled to.
Faults in medical devices vary widely. Even a single defective component is catastrophic when it involves a life-sustaining or critically implanted device. Common examples include:
Each situation is distinct. The legal team at Good & Murray Smith LLP collaborates with medical experts to unravel the technical factors and identify which party bears responsibility.
You might suspect a device is faulty if you experience unexpected pain, reduced mobility, or a sudden decline in health. Other warning signs include unexplained device alerts, regular error messages from monitoring equipment, or repeated malfunctions that puzzle your doctor. Keep detailed notes of your symptoms, save any instructions and packaging, and seek both medical and legal advice promptly if you suspect the device is placing you at serious risk.
To succeed in a faulty medical device claim, you typically need to demonstrate:
The device contained a fault in its design, manufacturing, or instructions. For instance, a pacemaker with substandard wiring that misfires unpredictably.
The defect caused your injury. If a hip implant’s metal components degraded, you must show it led to infection, fractures, or other measurable damage.
Document the harm you have endured, from physical disability or chronic pain to psychological trauma and financial losses.
Under Irish and EU law, these claims often benefit from a strict liability regime. A manufacturer or supplier may be held accountable without requiring you to prove negligence, so long as a defect can be confirmed and linked to your injuries.
Personal injury claims founded on negligence in Ireland must be brought within two years of the cause of action accruing. However, claims for injuries under the Liability for Defective Products Act 1991 can be brought up to three years from the date on which the cause of action accrued or the date (if later) on which the plaintiff became aware, or should reasonably have become aware, of the damage, the defect and the identity of the producer. The rules can be complex, so consulting our solicitors promptly is crucial to preserving your legal rights.
Compensation aims to restore you as much as possible to the position you would have been in if no defect had occurred. Monetary awards may cover:
Our legal team diligently evaluates every facet of your case, striving to secure the maximum compensation you deserve for this horrendous breach of trust.
Retain the defective device if possible, along with medical records and any communication from the manufacturer.
We engage biomedical engineers, doctors, and other professionals to support your claim with technical precision.
The Health Products Regulatory Authority (HPRA) in Ireland oversees the safety and efficacy of medical devices. Any recalls or warnings issued by the HPRA may strengthen your case.
If medical evaluations confirm the device malfunctioned and exposed you to physical or emotional harm, you may have grounds to claim.
Probably. Unwarranted electric shocks are a direct sign of a malfunction. Damages may include psychological injuries such as anxiety, sleep disturbances, or PTSD alongside any physical effects.
You might bring a claim if the noise is due to a material defect. Chronic embarrassment is not trivial; it is psychologically distressing and might require therapy or further surgeries. Keep detailed records of these experiences.
Yes. If recall notices fail to reach you and you sustained harm, the manufacturer or distributor could bear liability. A failure in timely communication can significantly strengthen your case.
Yes. Not all healthcare professionals are quick to acknowledge device flaws. If the pain is persistent and the device is suspected, speak to another medical expert and a specialist solicitor for a second opinion and thorough investigation.
Not necessarily. Lack of perfect compliance does not absolve a manufacturer from responsibility for manufacturing or design defects. A skilled solicitor will help refute attempts to blame you for the device’s malfunction.
Yes. Family members or personal representatives can bring a posthumous claim if the device’s failure contributed to a preventable death. Investigating the device promptly is essential to establish liability.
Not necessarily. Depending on the nature of the claim, the practice that represents you may initially cover or arrange for expert costs, potentially recovering these from the liable party once your claim is successful.
Yes. Accepting or undergoing a revision surgery does not negate your right to compensation for pain, lost income, or lingering health issues. You may also question if the revision device is any more reliable.
No. Quality implants should last years, if not decades. A knee implant that fails so rapidly is extraordinarily suspect and might well point to a design or manufacturing flaw.
You may claim for the pregnancy’s physical impact and any psychological distress if the implant was proven to be defective. Courts treat such failures with gravity given the life-altering consequences.
If you have not suffered any injury or losses, you may struggle to qualify for damages. However, it is wise to consult with a solicitor to evaluate if there is any hidden harm or risk that might emerge later.
Yes, it is possible for multiple claimants harmed by the same defective device to unite. This may streamline evidence and negotiations with the manufacturer. You should seek legal advice to see if group proceedings apply in your situation.
If you have suffered injury from a faulty pacemaker, implant, or other medical device and have questions or believe you might have a claim, contact our team. We have been at the forefront of litigation since 1895, offering every client both the knowledge and compassion they need to secure the best outcome.
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If you’ve been injured and believe you may have a claim, don’t wait. Good & Murray Smith LLP is here to help. Contact us to arrange a consultation to review your case and guide you through the next steps.
