When a medical device implanted in your body fails — a hip replacement sheds toxic metal debris, a hernia mesh migrates and perforates surrounding tissue, or an IVC filter fractures and sends metal fragments toward the heart — the resulting injuries can be more devastating than the original condition the device was meant to treat. Nevada’s product liability law holds manufacturers of defective medical devices strictly liable for these injuries. Marathon Law Group represents Las Vegas residents injured by defective medical implants.
Nevada Strict Product Liability for Medical Devices
Nevada applies strict products liability under Restatement (Second) § 402A to medical devices — a manufacturer is liable for a product in a defective condition unreasonably dangerous to the user, regardless of the care exercised in manufacturing. Three defect types apply: a manufacturing defect (the specific device deviated from its design — e.g., a hip implant manufactured with insufficient metallurgical bonding); a design defect (the entire product line is defectively designed — e.g., a metal-on-metal hip design that inherently sheds toxic metal ions into surrounding tissue); and a failure to warn defect (the manufacturer knew of risks not adequately disclosed in labeling and instructions for use). All three theories may be pled simultaneously.
The Critical Preemption Issue: PMA vs 510(k) Devices
Federal preemption is the central legal hurdle in medical device cases. The Supreme Court held in Riegel v. Medtronic, 552 U.S. 312 (2008), that Class III devices that underwent the rigorous Premarket Approval (PMA) process are expressly preempted from state tort claims that impose requirements different from or in addition to FDA requirements. However, Class II devices cleared through the far less rigorous 510(k) substantial equivalence process — including most hernia meshes, many hip implants, and substantial spinal hardware — are NOT preempted by Riegel and can be sued under Nevada product liability law. Distinguishing between PMA approval and 510(k) clearance is the first critical step in evaluating any medical device defect claim. Common implants involved in Nevada lawsuits include: metal-on-metal hip replacements (DePuy ASR, Stryker Rejuvenate — metallosis/ARMD from chrome and cobalt ion release); surgical hernia mesh (Ethicon Physiomesh, Atrium C-Qur — migration, bowel adhesion, perforation); IVC filters (Bard Recovery/G2, Cook Celect — strut fracture and cardiac migration); and spinal cord stimulators (lead fracture, infection). Contact Marathon Law Group for a free Las Vegas medical device injury consultation.