Investigation Reveals How Medical Device Sales Representatives Play a Role in Patient Injuries

Searcy Denney Scarola Barnhart & Shipley
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Searcy Denney Scarola Barnhart & Shipley

A recent Kaiser Health News investigation, as reported by Modern Healthcare, demonstrates that medical device sales representatives for various products play a substantial role in patient injuries. Whether the medical device at issue is for a spinal procedure, a hip replacement procedure, or a hernia mesh procedure, a sales representative is likely standing in the operating room.

Lawsuit Takes Aim at the Relationship Between Surgeons, Medical Device Companies and Sales Representatives

Far too often, sales representatives are the prime sources of information for surgeons and doctors concerning new medical devices. Many doctors learn how to use new devices at continuing education seminars. Furthermore, many doctors are hired as “thought leaders” and consultants who receive compensation for using and promoting a company’s medical device.

One patient who underwent a spinal operation with the use of a company’s artificial disk implant has filed a lawsuit against not only the medical device company and its distributor but also the surgeon who implanted the device along with the sales representative who worked with the surgeon.

According to the lawsuit, the orthopedic surgeon who implanted an artificial disk did not have the proper size implant. The sales representative who promoted the medical device to the surgeon did not have the proper size for the surgeon to use. Nonetheless, the procedure went forward, causing the patient to suffer injuries, which required another procedure to remove and replace the implant.

Medical Device Surgeons Often Receive Kickbacks

Many current mass tort litigations involving defective medical devices have uncovered how some surgeons receive compensation and other kickbacks for using and promoting a company’s medical device, even if the data does not support the device’s safety.

Medical device manufacturers have made billions across industries, and doctors working closely with these companies earn substantial compensation in consulting fees. However, what may be more worrisome is not that some surgeons receive kickbacks for their use and promotion of products but that they receive training on tips and techniques for using new medical devices from sales representatives who are not medical doctors.

Unfortunately, the collective conduct of medical device manufacturers, sales representatives, and some surgeons has contributed to the increase in patient injuries that often lead to permanent disability and the need for one or more additional revision or repair surgeries. No patient deserves to suffer at the hands of defective medical devices and negligence.

Contact a Defective Medical Device Lawyer Today

Have you been injured by a defective medical device? Have you experienced complications following a medical device procedure and wonder if the medical device is to blame? To answer these questions, you should consider speaking with a defective medical device lawyer with a reputation for success.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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