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St. Louis Defective Medical Device Attorneys

When a medical device meant to heal instead causes harm, the physical pain often becomes just the beginning of your struggle. You’re likely facing mounting medical bills, time away from work, and uncertainty about your future health. At OnderLaw, we understand these immediate pressures because we’ve helped thousands of families navigate this same crisis, and we’re ready to provide the guidance you need right now through a free consultation at (314) 408-6136, with no upfront costs required.

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    Onder Wins

    Our firm’s recovery of over $5 billion in negotiated settlements demonstrates not just our ability to handle complex litigation but our commitment to pursuing maximum compensation. We understand that each case represents a person whose life has been disrupted by corporate negligence, and we fight accordingly. Because we work on contingency, you pay no fees unless we successfully recover compensation, eliminating financial barriers that might otherwise prevent you from seeking justice.

    • $5+ Billion In Negotiated Settlements
    • $300M+ In Jury Verdicts
    • Voted Best Law Firm In St. Louis 
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    “Every case is an opportunity to protect someone else’s family from tragedy”

    Attorney Jim Onder in Downtown St. Louis in front of the courthouse
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    Founder & Managing Partner

    Understanding Defective Medical Device Claims in Missouri

    Missouri law provides strong protections for patients harmed by dangerous medical devices, recognizing multiple types of defects and holding manufacturers strictly liable when their products cause injury.

    Types of Device Defects

    The law recognizes three distinct types of device defects that may entitle you to compensation. Design defects occur when the product’s fundamental blueprint creates danger, even when manufactured correctly. Manufacturing defects arise when errors during production compromise an otherwise safe design, while warning defects happen when manufacturers fail to adequately inform doctors and patients about known risks that could affect treatment decisions.

    Missouri's Strict Liability

    Unlike medical malpractice claims that focus on physician error, defective device cases target the manufacturers who placed dangerous products into the stream of commerce, holding them accountable for prioritizing profits over patient safety. Missouri’s strict liability framework under Chapter 537 of the Revised Statutes means you don’t need to prove the manufacturer acted carelessly. Instead, you must show that their product was unreasonably dangerous when it left their control and that this defect caused your injuries.

    FDA Classification & Claims

    The FDA classifies devices into three categories based on risk level, yet even devices receiving the agency’s highest level of premarket approval can later prove dangerous to patients who trusted these products with their health. According to FDA data analyzed by the International Consortium of Investigative Journalists, medical devices were linked to approximately 1.7 million injuries and 83,000 deaths between 2008 and 2018. The FDA currently receives more than 2 million adverse event reports annually, demonstrating the ongoing scope of device-related harm. While FDA clearance provides some assurance of safety testing, it doesn’t prevent you from seeking compensation when that device causes injury, particularly when manufacturers knew or should have known about dangers they failed to disclose.

    OnderLaw Recent Case Results

    Our greatest results have been the relationships we’ve forged with clients we’ve helped and the lives they’ve achieved after horrific accidents with the settlements our work brought about.

    Every case is different and handled differently, but we are proud of what we have accomplished on behalf of previous clients. From multi-billion dollar mass tort settlements to individual personal injury verdicts, we fight for every penny of compensation our clients deserve.

    Past results do not guarantee future outcomes, every case is different*

    Recent victories creating lasting change across Missouri

    Types of Medical Device Cases We Handle

    Medical device failures span numerous categories, each presenting unique medical complications and legal challenges that require specialized knowledge to pursue effectively against well-funded manufacturers. Our attorneys have developed comprehensive expertise across the full spectrum of device litigation, from mass-produced implants affecting thousands to specialized equipment with more limited distribution but equally devastating consequences. Because manufacturers often use similar defective designs or materials across multiple product lines, understanding these patterns of failure helps us identify liable parties and build stronger cases for our clients who deserve justice and compensation.

    Hip and Joint Replacement Devices

    Metal-on-metal hip implants generated approximately 103,000 injury reports according to FDA and ICIJ data from 2008 to 2018, with patients experiencing metallosis, tissue death, and premature device failure. These complications often require painful revision surgeries that carry greater risks than the original procedure. Cobalt and chromium poisoning from these devices affects not just the hip joint but may cause systemic health problems throughout the body, including neurological and cardiac symptoms.

     

    Hernia and Surgical Mesh

    Surgical mesh complications include chronic pain, mesh migration, adhesions, and serious infections that may require multiple corrective surgeries. The polypropylene material used in many mesh products can degrade inside the body over time. This degradation causes inflammatory responses that may lead to organ perforation, bowel obstruction, and other life-threatening complications requiring emergency intervention.

    Cardiac Devices

    Pacemakers, implantable cardioverter defibrillators, and cardiac stents can malfunction due to battery failures, lead fractures, or software errors. These failures prevent proper heart rhythm management in vulnerable patients. When these life-sustaining devices fail, patients may experience sudden cardiac events requiring emergency medical intervention, device replacement surgery, and extended recovery periods.

    IVC Filters

    Inferior vena cava filters designed to prevent blood clots can fracture, migrate through blood vessels, or perforate vital organs. These complications create the very life-threatening situations they were meant to prevent for at-risk patients. Once these retrievable filters migrate or embed in vessel walls, they often become impossible to remove safely, leaving patients with permanent foreign bodies that pose ongoing risks of serious complications.

    Insulin Pumps and Diabetes Devices

    According to FDA and ICIJ data from 2008 to 2018, insulin pumps generated approximately 94,000 injury reports nationwide. Pump malfunctions involving over-delivery or under-delivery of insulin can cause severe hypoglycemia or diabetic ketoacidosis. Both conditions constitute medical emergencies requiring immediate treatment, and software glitches or mechanical failures in these devices have led to numerous hospitalizations and preventable diabetic complications.

    Surgical Robots

    Da Vinci and other robotic surgery systems have been linked to unintended cuts, burns, and organ damage during procedures. These injuries occur when mechanical arms malfunction or lose proper positioning during delicate operations. Such cases require careful analysis to distinguish between device defects and surgical error, often involving both product liability and medical malpractice claims that our team coordinates comprehensively.

    Birth Control Devices

    Intrauterine devices like Mirena and Paragard, along with permanent sterilization devices like Essure, have caused organ perforation and device migration. Women have experienced chronic pelvic pain, heavy bleeding, and unintended pregnancies due to device failures. Many have required hysterectomies to address complications from these devices, permanently affecting their reproductive health and family planning options.

    Breast Implants

    Silicone and saline breast implants can rupture or leak, causing pain and requiring additional surgeries for removal and replacement. Textured implants have been linked to breast implant-associated anaplastic large cell lymphoma (BIA-ALCL), a rare but serious cancer. Patients may also experience capsular contracture, chronic inflammation, and systemic symptoms collectively known as breast implant illness.

    CPAP and BiPAP Machines

    Foam degradation in certain CPAP and BiPAP devices has exposed users to toxic particles and chemicals during sleep. This exposure potentially causes respiratory problems, organ damage, and cancer according to FDA warnings. Millions of these sleep apnea devices have been recalled, affecting patients who relied on them for essential breathing support and now face uncertainty about their long-term health consequences.

    Orthopedic Hardware

    Spinal screws, plates, and rods can break or loosen prematurely at stress points where metal fatigue wasn’t properly accounted for in design. These failures cause nerve damage, chronic pain, and loss of spinal stability. Patients often require additional surgeries to remove or replace the failed hardware, with each procedure carrying increased risks of complications and extended recovery times.

    Spinal Cord Stimulators

    FDA and ICIJ data from 2008 to 2018 shows spinal cord stimulators generated approximately 78,000 injury reports across the United States. Complications include lead migration, battery failures, and unintended stimulation patterns. Instead of providing pain relief, these devices have caused severe pain, burns, nerve damage, and in some cases, paralysis in patients seeking alternatives to opioid medications.

    Transvaginal Mesh

    Transvaginal mesh erosion causes severe pain, bleeding, infection, and painful intercourse that significantly impacts quality of life. Many women have required multiple revision surgeries that may not fully resolve their complications. The mesh can erode through vaginal tissue into the bladder or bowel, creating complex medical situations requiring specialized surgical expertise and often resulting in permanent injury despite corrective procedures.

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    Compensation for Medical Device Injuries

    When medical devices fail, the financial impact extends far beyond your initial medical bills, encompassing both immediate expenses and long-term consequences that may affect you for years. Missouri law recognizes multiple categories of damages in device injury cases, ensuring comprehensive compensation for all aspects of your harm.

    Economic Damages

    Economic damages include past and future medical expenses for revision surgeries, ongoing treatment, rehabilitation, and any care necessitated by the device failure. You may also recover lost wages during your recovery period and diminished earning capacity if your injuries prevent you from returning to your previous work, with no artificial caps limiting these damages under Missouri law.

    Pain and Suffering

    Pain and suffering damages acknowledge the physical agony and emotional distress these device failures cause in your daily life. For injuries resulting in permanent disability or disfigurement, compensation accounts for both the practical limitations and the profound life changes these conditions impose. This includes modifications to your home, ongoing assistance with daily activities, and the loss of life’s enjoyments you previously took for granted

    Loss of Consortium

    Your spouse may also recover for loss of consortium, recognizing how your injuries affect your relationship, intimacy, and family life.

    Punitive Damages

    In cases where manufacturers knew about device dangers but failed to warn patients or recall products, Missouri law permits punitive damages. Under RSMo § 510.265, effective since August 2020, these damages may reach up to five times your compensatory damages or $500,000, whichever is greater. Punitive damages send a clear message that corporate profits cannot supersede patient safety, holding manufacturers accountable for conscious disregard of known risks.

    When medical devices fail, the financial impact extends far beyond your initial medical bills, encompassing both immediate expenses and long-term consequences that may affect you for years. Missouri law recognizes multiple categories of damages in device injury cases, ensuring comprehensive compensation for all aspects of your harm.

    The Legal Process for Medical Device Claims in St. Louis

    Pursuing a defective device lawsuit requires navigating complex procedural requirements while managing your ongoing medical needs, making experienced legal guidance essential for protecting your rights. Understanding the process helps reduce anxiety about the unknown and allows you to focus on your recovery while we handle the legal complexities.

    1. Comprehensive Case Evaluation

      Your case begins with a comprehensive evaluation where we review your medical records, identify the specific device involved, and determine which legal theories apply to your unique situation.

    2. Evidence Collection

      Following this initial assessment, we collect all relevant medical documentation, device identification numbers, and surgical reports. These documents establish both the device’s presence in your body and the injuries it caused. We work closely with medical experts who can explain how the device’s defect directly led to your harm, building a foundation of evidence that supports your claim.

    3. Filing & Defendant Response

      Under Missouri court rules, defendants have 30 days to answer after being served with your lawsuit, after which the discovery phase begins in earnest.

    4. Discovery Phase

      During discovery, both sides exchange information, take depositions, and consult with engineering and medical experts. These experts can testify about device defects, manufacturing processes, and the causal connection between the device and your injuries.

    5. Settlement or Trial

      While individual lawsuits typically resolve within one to three years through settlement negotiations or trial, class action cases involving hundreds or thousands of plaintiffs may extend three to five years. The choice between pursuing an individual lawsuit versus joining a class action depends on multiple factors. These include the severity of your injuries, the number of similarly affected patients, and whether your damages exceed the average class member’s losses—decisions we help you evaluate based on decades of experience handling both types of cases successfully.

    Missouri Statute of Limitations and FDA Recalls

    Missouri Statute of Limitations

    Time limits for filing defective device claims vary significantly between Missouri and Illinois, making prompt action essential to preserve your legal rights and evidence. Understanding these deadlines ensures you don’t lose your opportunity to seek compensation due to procedural technicalities. Missouri law under RSMo § 516.120 provides a five-year statute of limitations for product liability claims. This period is measured from when your injury becomes “capable of ascertainment”—typically when you discover or reasonably should have discovered both your injury and its connection to the defective device.

    Illinois Deadline

    By contrast, Illinois residents face a shorter two-year deadline for personal injury claims, creating urgency for Metro East residents. Both states recognize discovery rule exceptions that may extend these deadlines when injuries remain hidden or when manufacturers actively conceal device dangers. However, relying on these exceptions requires careful legal analysis and shouldn’t be assumed without consulting an attorney.

    Why Act Quickly

    Acting quickly serves purposes beyond meeting legal deadlines. Preserving the actual device if it’s been removed, documenting your symptoms as they develop, and securing witness statements while memories remain fresh all strengthen your eventual claim against manufacturers who may dispute causation.

    FDA Recall Classifications

    FDA recall classifications provide important information about device dangers but don’t determine your right to compensation, contrary to what many injured patients believe. The FDA divides recalls into three categories based on the level of health risk involved. Class I recalls involve devices presenting serious health risks or death, Class II recalls address temporary or reversible health consequences, and Class III recalls involve violations unlikely to cause adverse health effects.

    Your Rights Beyond FDA Action

    While a Class I recall certainly strengthens your case by demonstrating acknowledged device dangers, even devices never formally recalled may support successful lawsuits. You may prove defective design, manufacturing, or marketing regardless of FDA action. Your right to pursue compensation exists independently of FDA decisions because manufacturers bear responsibility for ensuring device safety. FDA approval or compliance doesn’t shield them from liability when their products cause harm. According to current FDA data, the agency receives more than 2 million adverse event reports annually, yet many dangerous devices remain on the market for years. The absence of your specific device from recall lists shouldn’t discourage you from seeking legal consultation about unexplained complications or device failures that have disrupted your life.

    What Our Clients Say

    I highly recommend Mr. Onder. He is an excellent attorney and addresses client issues and concerns in a fast and efficient manner, answers any questions we have, and keeps us informed about the progress of our case.

    Bill

    The firm was very willing to hear my problems and discuss with me even though I was not qualified for a case. Their staff spent about 30 minutes with me discussing records and diagnosis and I appreciate them trying to help me.

    Andy

    I was in a bad car accident where I was hit, and my car flipped and almost crushed and calling Jim Onder was the BEST DECISION I made to help me get what I deserved (it was the other cars fault and witnesses will say it also) for everything that I went through. Beside all my physical pain I was having a hard time dealing with things after the accident and the insurance company and I missed lots of work. I don't know how I would have dealt with it...

    Karly

    I have known Jim Onder and his team for a few years now. I have always been impressed by the way they take care of their clients. It's not always about the case, but the individual. I would recommend anyone seeking legal counsel to give Jim and his team a call.

    John

    I don't have enough words to describe how amazing the experience with this firm was. They work very hard to make sure you have winning results. I could not have asked for better services. From the moment I first called until my case was over, I was at ease that I had made the right choice.

    Mike

    Frequently Asked Questions

    How do I know if my medical device is defective?

    Signs of device defects include unexpected pain at the implant site, device migration visible on X-rays, recurring infections despite proper care, or needing revision surgery sooner than expected. Document all symptoms in a journal with dates and descriptions. Keep any recall notices you receive, and preserve the device if it’s removed during revision surgery, as this physical evidence often proves crucial for establishing defect claims.

    What's the difference between a defective device claim and medical malpractice?

    Defective device claims target manufacturers for creating dangerous products through poor design, manufacturing errors, or inadequate warnings about known risks. Medical malpractice involves healthcare providers making treatment errors during surgery or follow-up care. Sometimes both claims apply when a surgeon improperly implants a device that also has design defects, requiring careful analysis to identify all responsible parties and maximize potential recovery sources.

    How long do medical device lawsuits take?

    Most individual medical device cases reach settlement within one to three years, though complex cases requiring extensive expert testimony may extend longer. Cases proceeding to trial typically take additional time for preparation and court scheduling. Class action lawsuits generally require three to five years due to procedural requirements of certifying classes, notifying potential members, and resolving common issues affecting hundreds or thousands of plaintiffs before addressing individual damages.

    Can I join a class action lawsuit?

    If a class action exists for your specific device and injuries, you may qualify to join depending on various factors. Individual lawsuits often yield higher compensation for those with severe injuries exceeding average class damages. We evaluate factors including your injury severity, medical expenses, lost wages, and unique circumstances to recommend whether individual litigation or class participation best serves your interests and maximizes your potential recovery. averages.

    What compensation can I receive?

    Compensation in successful device cases may include all medical bills related to the device failure, lost wages during recovery, and future earning capacity if permanently disabled. You may also recover pain and suffering damages without artificial caps under Missouri law. Additional damages could include future medical care costs, home modifications for disabilities, loss of consortium for spouses, and potentially punitive damages up to five times compensatory damages when manufacturers acted recklessly.

     

    Do I need to keep the defective device?

    Yes, preserving the removed device provides crucial physical evidence of defects that strengthen your case significantly. Store it in a clean, sealed container without altering or cleaning it in any way. Inform your attorney immediately about its location and condition. Your attorney will arrange proper preservation and testing by qualified experts who can identify manufacturing defects, design flaws, or material degradation while maintaining chain of custody for trial purposes.

    Why Choose OnderLaw for Your Medical Device Case  

    Selecting the right attorney can mean the difference between token compensation and recovery that truly addresses your injuries, particularly when facing manufacturers with vast legal resources. Our firm’s recovery of over $5 billion in negotiated settlements demonstrates not just our ability to handle complex litigation but our commitment to pursuing maximum compensation. We understand that each case represents a person whose life has been disrupted by corporate negligence, and we fight accordingly. Because we work on contingency, you pay no fees unless we successfully recover compensation, eliminating financial barriers that might otherwise prevent you from seeking justice.

    $5B+
    In Negotiated Settlements
    $500M+
    In Jury Verdicts
    Attorney Jim Onder in Downtown St. Louis in front of the courthouse

    Contact Our St. Louis Medical Device Attorneys Today

    If you or someone you love has suffered injuries from a defective medical device, you don’t have to face the manufacturers alone. Our experienced team offers free consultations to evaluate your case, explain your legal options, and begin building your claim immediately. We work with no upfront costs or fees unless we successfully recover compensation for you. Contact OnderLaw today at (314) 408-6136 to speak with a dedicated attorney who understands both the legal complexities and human impact of these cases, because at OnderLaw, we don’t just take on cases—we take on causes.

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