Defective Medical Devices in South Carolina: Product Liability Options After a Device Injury
A failed implant, surgical mesh product, or medical device can cause a second injury after treatment. Charleston patients may have claims against manufacturers, distributors, or other responsible parties.
Informational purposes only. This article discusses a recent news event and does not constitute legal advice. Every case is different — contact Traywick Law Offices for a free evaluation.
The Incident
A Charleston patient received an implanted orthopedic device in 2025 and initially improved. By August 2026, persistent pain and imaging showed that a component had fractured and migrated, requiring revision surgery. The patient learned that the manufacturer had issued a safety communication to hospitals but had not contacted every patient directly. Her surgeon’s records, the explanted device, and the manufacturer’s warning history became central to determining whether the failure was a product defect or an unavoidable medical complication.
What South Carolina Law Says
South Carolina product liability law recognizes claims based on defective design, manufacturing defects, inadequate warnings, and breach of warranty. A design-defect plaintiff generally must show that the product was unreasonably dangerous, that a reasonable alternative design existed, and that the defect caused the injury. Medical-device cases also involve federal regulatory history, learned-intermediary arguments, and statute-of-limitations questions.
Your Rights and Options
Do not discard the device or allow it to be returned without a documented chain of custody. Request operative reports, implant stickers, serial numbers, imaging, recalls, adverse-event reports, and all manufacturer communications. Follow medical advice while preserving the device and related packaging or instructions.
What I Look For When Evaluating These Cases
I identify the exact device and lot, trace its distribution, review recall and adverse-event information, and consult engineering and medical experts. The analysis must distinguish ordinary medical risk from a defect that should have been prevented or disclosed.
How Insurance Companies Will Fight Back
Manufacturers often argue that the physician selected or modified the device, that the complication was a known risk, or that federal approval defeats the claim. Those defenses depend on the product history, warnings, design alternatives, and the precise mechanism of failure.
Related Practice Areas at Traywick Law Offices
Device cases involve product liability, medical malpractice, and catastrophic injury. Multiple patients may also have related claims arising from one device or warning issue.
My Final Thoughts
A failed device can disappear into a hospital’s ordinary disposal process. Preserve the device identity and medical records immediately so qualified experts can determine what went wrong.
This post is for general informational purposes only and does not constitute legal advice. It is based on publicly available legal information and may not reflect the most current developments. For advice specific to your situation, please contact Traywick Law Offices.
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