COVID-19 NOTIFICATION: To protect your safety in response to the threat of COVID-19, our staff is still available to serve you during our normal office hours. We are offering our clients and potential clients the option to connect with us via telephone, email and video-conferencing. Please call or email us to discuss your options.

Most people would assume that any medical device that they receive to use on a regular basis is safe. It is not common for someone to think that he or she will become injured or lose his or her life as a result of a medical device. Unfortunately, defective medical devices are recalled all too often. In fact, a recent recall may impact a large majority of older Americans, including individuals right here in West Virginia.

A company that makes and distributes portable oxygen units is issuing a recall after receiving a couple of reports of adverse incidents after the device is dropped or mishandled. Apparently, they can ignite and burst. One of the reports involved an individual who suffered an injury after the portable oxygen unit was dropped four feet to the ground. The other report involved an individual who died after setting the oxygen cylinder down beside him.

Portable oxygen units are used by many individuals who need help breathing. They are very popular in nursing homes, hospitals and other health care facilities. They are also used at home, especially for active individuals who need help with regulating their breathing while they are on the go. These units help them maintain their sense of independence while ensuring they are able to breathe properly in the process.

When individuals are injured by defective medical devices, it is possible to pursue legal action via a products liability lawsuit. Designers and manufacturers of medical devices are expected to ensure proper instructions and warnings to patients and clients; they are also required to conduct sufficient testing prior to the product being placed for purchase and use on the market. These types of cases can become very complex here in West Virginia. For that reason, one may wish to seek out additional help with pursuing a legal claim in the hope of receiving a settlement of monetary damages for the injuries and pain and suffering that have been sustained and endured

Source: U.S. Food and Drug Administration, “OxyTOTE Portable Oxygen Unit by Western/Scott Fetzer Company: Class I Recall – May Ignite and Burst”, Aug. 18, 2015