Medical Product Liability Solicitors – Injury Compensation Claims Ireland



There are strict laws, rules and regulations emanating both out of the Irish parliament and the EU that govern the manufacture and use of medical products including pharmaceuticals and medical devices. In order to protect consumers, all medical products must meet a reasonable standard of quality and level of safety, demonstrated by trials, before they are allowed to be put into the public domain by volume manufacture, distribution and sale. When a member of the public uses a medical product that has been prescribed by a healthcare practitioner they have a legal right to expect that item to be reasonably fit for the purpose in so far as it must be safe and have the desired effect. In almost all cases healthcare professionals are not held to be personally responsible if they recommend use of a defective product for their patients. The responsibility for a defective product inevitably rests with the designer or manufacturer who is expected to demonstrate that the product is safe to use before general distribution.


Defective Products

There are a number of ways in which medical products can be designated as defective:-

  • Design of a medical product may be defective meaning that the product is inherently problematic with no possible usage that was not dangerous to consumers. Defective design is the responsibly of both the designers and the manufacturers.

  • A medical product can be designed entirely properly however defects can be introduced during manufacture. If quality control is not rigorous, the product may be distributed with manufacturing defects making it unsafe to use.

  • A claim may be made if the products warnings or instructions were inaccurate, insufficient or absent. This means that consumers may not be fully advised of how to use a product or of the dangers of using the product or of the circumstances in which the product should not be used.

  • In the event that a medical product is known to be defective, the manufacturers must make all reasonable efforts both to warn the public and to effect a withdrawal of the product from sale. Failure to do so is known as ‘negligent surveillance’.


Free Legal Advice

Product liability claims are complicated cases. Expert testimony and extensive evidence is necessary to obtain fair compensation for the victim. Our specialist personal injury solicitors and medical negligence lawyers deal with defective product compensation claims. If you have been injured using a defective medical product just contact our offices for a free assessment of your potential claim. If after talking to us you decide not to take your claim further you are under no obligation to do so and you will not be charged anything at all.