When a medical device or consumer product that is supposed to help people instead causes harm, the manufacturer must be held accountable. Dangerous devices — from defective medical implants to malfunctioning consumer electronics — are the subject of thousands of product liability lawsuits every year. For New Mexico residents who have been injured by a dangerous device, understanding your legal rights and the product liability claims process is essential.
The U.S. Food and Drug Administration (FDA) receives more than 2 million adverse event reports related to medical devices annually. Consumer product injuries send an estimated 12 million people to emergency rooms each year, according to the Consumer Product Safety Commission (CPSC). Behind these statistics are real people whose lives have been disrupted — or destroyed — by products that should have been safe.
Types of Dangerous Devices
Defective Medical Devices
Medical devices that have been the subject of major product liability litigation include:
- Hip and knee implants — Metal-on-metal designs that release toxic debris, causing metallosis and tissue damage
- Surgical mesh — Transvaginal mesh and hernia mesh products that erode, contract, or cause chronic pain and infection
- IVC filters — Blood clot filters that fracture, migrate, or perforate blood vessels
- Pacemakers and defibrillators — Devices with software glitches or hardware defects that fail to function properly
- Insulin pumps — Devices that deliver incorrect doses, potentially causing dangerous blood sugar fluctuations
Defective Consumer Products
Consumer devices that frequently generate product liability claims include:
- Lithium-ion battery products — Phones, laptops, e-cigarettes, and hoverboards that overheat or catch fire
- Power tools — Saws, drills, and other tools with inadequate safety guards or defective components
- Children’s products — Toys, cribs, car seats, and other products with choking hazards, toxic materials, or structural defects
- Household appliances — Pressure cookers, space heaters, and other appliances that malfunction and cause burns, fires, or explosions
Legal Theories in Dangerous Device Cases
New Mexico product liability law allows claims under several theories:
Strict Liability
Under New Mexico’s strict liability framework (Restatement (Second) of Torts § 402A), manufacturers are liable for injuries caused by defective products regardless of negligence. Three types of defects can give rise to strict liability claims:
- Design defects — The product’s design is inherently unreasonably dangerous
- Manufacturing defects — The specific unit deviated from the intended design during production
- Marketing defects — The product lacks adequate warnings or instructions
Negligence
The manufacturer failed to exercise reasonable care in designing, testing, manufacturing, or marketing the device.
Breach of Warranty
The device failed to meet express or implied warranties of safety and fitness for its intended purpose.
The FDA’s Role and Its Limitations
Many consumers assume that FDA approval means a device is safe. In reality, the FDA’s regulatory process has significant limitations:
- 510(k) clearance — Most medical devices reach the market through the 510(k) pathway, which requires only that the device be “substantially equivalent” to an existing device — not independently proven safe
- Post-market surveillance gaps — The FDA relies heavily on voluntary adverse event reporting, meaning many device failures go unreported
- Delayed recalls — By the time a recall is issued, thousands of patients may already be affected
FDA approval does not shield manufacturers from product liability claims in New Mexico. If a device is defective and causes injury, the manufacturer can be held liable regardless of its regulatory status.
Who Can Be Held Liable?
- The device manufacturer
- Component part manufacturers
- Distributors and wholesalers
- Retailers
- Healthcare providers — if they were negligent in selecting, implanting, or using the device (this would be a medical malpractice claim)
Statute of Limitations
New Mexico’s statute of limitations for personal injury claims is three years from the date the injury was discovered or should have been discovered (N.M. Stat. § 37-1-8). The discovery rule is important for medical device cases where injuries may not become apparent until months or years after implantation.
Compensation Available
Victims may recover:
- Medical expenses (including revision surgery and ongoing care)
- Lost wages and earning capacity
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Punitive damages for egregious manufacturer conduct
- Wrongful death damages
Frequently Asked Questions
What should I do if I think my medical device is defective?
Consult your doctor immediately about your symptoms. Check the FDA’s recall database for your device. Preserve all documentation, including the device identification card, medical records, and any correspondence from the manufacturer. Contact a product liability attorney to evaluate your legal options.
Can I sue if my device was FDA-approved?
Yes. FDA approval does not prevent you from filing a product liability claim. Many devices that were FDA-approved have later been found to be defective and have been the subject of successful lawsuits and recalls.
What if the device was recalled?
A recall strengthens your claim by demonstrating that a defect was identified. You should follow the recall instructions regarding medical follow-up and contact an attorney to discuss your legal options.
How long do dangerous device cases take?
These cases can be complex, often involving expert testimony and extensive discovery. Individual cases may take one to three years, while cases in multidistrict litigation may follow a different timeline.
Contact Dominguez Law for a Free Consultation
If you have been injured by a dangerous device, you deserve experienced legal representation. At Dominguez Law, we hold manufacturers accountable for putting dangerous products on the market.
Contact us today for a free, confidential consultation. There is no fee unless we recover compensation for you. Se habla español.
