Defective Medical Device Claims

If you or someone close to you has been harmed by a faulty medical device—whether it’s a hip or knee implant that didn’t hold, a contraceptive device that caused unexpected complications, or a pacemaker that failed when it mattered most—you’re not just facing discomfort or disruption. You’re facing real worry about your health, your daily life, and what comes next. At John O’Leary Solicitors LLP, we’re here to help you through it.

Based in the heart of Tallaght Village, we’ve spent over 20 years supporting people across Dublin who’ve suffered personal injuries through no fault of their own. Our clients aren’t case numbers—they’re neighbours, friends, and families we’ve grown to know and care about. If a medical device has let you down, we know how important it is to feel heard, to have answers, and to be guided by someone who knows the system—and knows how to stand up to it when needed.

We handle these claims with the thoroughness you’d expect from a seasoned legal team, and the personal care you’d hope for from someone just down the road.

If you’ve been affected by a defective implant, device, or product, reach out to John O’Leary today. We’ll help you understand your rights and take practical steps towards putting things right.

When a Medical Device Causes More Harm Than Help

Most people expect a medical device—be it a hip implant, contraceptive coil, or pacemaker—to restore their health or ease daily discomfort. So when that device doesn’t work as promised, or worse, causes fresh pain, disruption, or long-term complications, it’s more than disappointing—it’s deeply distressing. At John O’Leary Solicitors LLP, we understand that when something you trusted goes wrong, it can shake your confidence in both your treatment and your future.

A defective device injury isn’t always obvious straight away. Some people experience gradual discomfort, inflammation, or limited movement over time. Others might wake up one day with a strange new pain, a repeat of earlier symptoms, or serious signs of infection. These experiences aren’t “just part of recovery.” They may point to a product failure—something that was never meant to happen in the first place.

The knock-on effects of a failed device can be hard to overstate. Beyond the physical pain, many people find themselves unable to return to work, drive, or carry out basic tasks at home. They may need another surgery, more physiotherapy, or ongoing medication. Some feel dismissed when they try to raise concerns, unsure of where to turn or whether they even have the right to ask questions. If that’s your situation, you’re not alone—and you’re not without options.

At our practice in Tallaght Village, we’ve spoken to individuals and families across Dublin who found themselves in this very position. What they all had in common was the same sense of betrayal: they had placed their trust in a product that was meant to make things better, not worse.

If you believe a medical device has made your condition worse—or caused new harm altogether—don’t suffer in silence. There may be a legal pathway forward, and we’re here to help you explore it, one step at a time.

Types of Devices That Commonly Lead to Claims

Not all medical devices are created equal. Some are well-designed and properly tested. Others, unfortunately, enter the market with hidden defects that only come to light after patients begin to suffer. At John O’Leary Solicitors LLP, we’ve seen first-hand how certain categories of devices tend to lead to more problems—and more personal injuries—than others.

Below are some of the most common types of medical devices that have given rise to legal claims in Ireland. If your experience falls into one of these categories, it’s worth seeking advice.

Hip, Knee, and Joint Implants

Joint replacements are some of the most common devices associated with claims. Patients report pain, loosening, fractures, or the need for revision surgery just months or years after the initial procedure. Brands such as DePuy and Zimmer have previously issued recalls or faced widespread litigation. In many cases, individuals are left with permanent damage, limited mobility, or an ongoing need for medical care—all because the implant didn’t perform as it should.

Heart Devices (Pacemakers and Defibrillators)

Heart implants are designed to stabilise rhythms and save lives. But when they malfunction, they can cause irregular beats, missed signals, or even dangerous heart events. Faults in the device’s wiring or battery can lead to shocking symptoms—literally and figuratively—and often require immediate hospital intervention. The emotional toll is significant too, with many clients reporting anxiety and fear around future malfunctions.

Contraceptive Devices and Implants

Devices such as coils (IUDs), hormonal implants, or vaginal rings can sometimes cause serious injury if they migrate, fail to prevent pregnancy, or lead to infections or internal damage. While these devices are meant to be long-term solutions, some women have faced emergency surgeries or unplanned pregnancies due to failures that were no fault of their own.

Breast Implants

Ruptured or leaking implants can lead to swelling, pain, or symptoms that mimic more serious illnesses. In recent years, certain textured implants have also been linked to rare forms of cancer. Many individuals were never told of these risks, and now face not only medical repercussions, but a crisis of confidence in their bodies and their health.

Surgical Mesh, Screws, and Fixation Devices

Used in hernia repair, pelvic support, or fracture surgery, these devices can erode, dislodge, or cause long-term pain. Mesh, in particular, has been at the centre of multiple high-profile claims. When it fails, patients often require complex revision surgeries—and even then, symptoms may persist.

Cosmetic and Assistive Implants

Devices like cochlear implants, dental implants, or spinal stimulators can also fail, leading to infection, nerve damage, or worsening of the original condition. These aren’t just cosmetic losses—they can fundamentally alter your health and quality of life.

If you’ve suffered because one of these—or any other medical device—didn’t do what it promised, speak to a solicitor who understands the medical and legal landscape. We’re here to help you get answers and take action.

What Makes a Medical Device ‘Defective’ Under Irish Law

When it comes to personal injury claims involving medical devices, the word “defective” has a very specific meaning under Irish law. It doesn’t just mean that something went wrong during surgery or that the device didn’t work as well as hoped. A device is considered legally defective if it failed to meet the level of safety a person is reasonably entitled to expect.

Under the Liability for Defective Products Act, 1991, a medical device may be defective if there is a problem in how it was designed, manufactured, or marketed. That could mean:

Importantly, you do not need to prove negligence. This is what’s known as a strict liability regime. If the device is found to be defective and caused your injury, the manufacturer may be held responsible—regardless of how carefully they acted.

But proving the device was defective still requires careful work. In most cases, the issue only becomes clear after many people begin experiencing similar problems, or when a product is recalled. Even if the manufacturer hasn’t acknowledged a fault, your solicitor can help gather evidence to support your case, including:

It’s also important to understand that not every poor outcome means the device was legally defective. Some treatments carry known risks, and complications may happen even when everything is done correctly. The key is whether the device failed in a way that a user could not have anticipated—and whether that failure directly caused harm.

At John O’Leary Solicitors LLP, we approach these questions thoroughly and with clarity. If you’ve experienced a serious issue with a medical device, we’ll help you assess whether there’s a legal case worth pursuing—clearly and honestly.

Time Limits and Legal Pitfalls in Device Injury Claims

When dealing with defective medical device injuries, one of the biggest risks is waiting too long to act. People often don’t realise that there are specific time limits involved in making a claim—and that those limits are different from standard personal injury cases.

In most personal injury claims in Ireland, the legal time limit is two years from the date you knew (or ought to have known) that you were injured due to someone else’s fault. But for defective medical device claims, the law is slightly different.

Under the Liability for Defective Products Act, 1991, you have three years to bring your claim. This starts from the date you became aware—or should reasonably have become aware—that the device caused your injury. This extra time can make a big difference, especially in cases where the harm wasn’t immediately obvious.

However, there’s a catch.

The law also sets a “10-year backstop”, which means:
Even if you only recently discovered the issue, you can’t bring a claim if the product in question has been on the market for more than 10 years. That’s a firm cut-off point—no exceptions.

And this raises important questions:

When was the device actually released or put into circulation?
Does the 10-year limit begin from when it was manufactured, or when youreceived it?
What happens if the product was rebranded or reissued?

These are technical questions—and they’re exactly why early legal advice matters.

Waiting too long or making assumptions about timelines could result in a valid claim being ruled out. Likewise, starting the process without the right supporting evidence can delay things or weaken your position.

At John O’Leary Solicitors LLP, we work quickly and precisely to help you determine your timeframe. If there’s a claim to be made, we’ll make sure it’s lodged in time—and that nothing falls through the cracks.

What You Should Do If You Suspect a Device Has Failed

If something doesn’t feel right after you’ve received a medical device—whether it was implanted, injected, or used externally—trust your instincts. You know your own body. And if the device that was meant to help is now causing pain, discomfort, or complications, it’s important to act early.

Here’s what you can do right away:

1. Keep Track of Your Symptoms

Start a written or digital log of what you’re feeling and when. Include dates, pain levels, physical limitations, and anything unusual. This can be very helpful later, both for your doctor and your solicitor.

2.Don’t Dismiss Your Concerns

If your recovery feels slower than expected—or if new symptoms appear—don’t assume it’s “just part of the process.” Ask questions. Seek a second opinion if needed. Medical professionals should take your concerns seriously, and so should the manufacturer, if the device is faulty.

3. Gather Documentation

Collect any packaging, leaflets, hospital discharge letters, or product information you received. Even small details—like the brand name, lot number, or implant sticker in your hospital record—can make a big difference when assessing your legal options.

4. Avoid Delay

Even if you’re unsure whether the device is to blame, it’s better to explore your legal rights early. The longer you wait, the harder it may become to trace records, link your injury to the product, or stay within the legal time limits.

3. Get Clear Legal Advice

Speaking to a solicitor doesn’t mean you’re starting a lawsuit tomorrow. It simply gives you clarity. At John O’Leary Solicitors LLP, we’ll review your situation with care and give you an honest view of what steps—if any—should come next. A faulty device can take away your peace of mind. But knowing what to do about it can help you take control again—on your terms.

Frequently Asked Questions

Can I still claim if the device hasn’t been recalled?

Yes. A formal product recall is not necessary for you to bring a defective device claim. Many faulty devices remain on the market for years before any recall takes place—or are never recalled at all. If you can show that your injury or complications were caused by the device and that it didn’t meet expected safety standards, you may still have a valid case. A solicitor can help you explore this further based on your personal experience.

What if the device was implanted years ago but I only recently had problems?

That’s very common. Many medical devices don’t cause obvious issues straight away. The good news is that your time limit generally begins from the date you became aware—or should have become aware—that the device might be linked to your injury. However, there is a 10-year limit from when the product was first put into circulation. That’s why early legal advice matters, even if your symptoms only began recently.

Can I claim even if my doctor recommended the device?

Yes. In most defective medical device cases, the claim is not against your doctor or hospital—it’s against the manufacturer or distributor of the product. Your doctor may have followed the correct procedure and still ended up using a device that turned out to be flawed. A claim based on a product defect is different from a medical negligence case, and we can help you understand the difference clearly.

What kind of compensation could I receive?

While each case is different, compensation may cover a wide range of losses. These could include:

Medical expenses (e.g. revision surgery, medication, therapy)
Lost earnings due to time off work
Pain and suffering
Long-term impact on your mobility or lifestyle
Travel or care costs linked to your injury

We will always ensure that any potential claim reflects the real-world consequences you’ve experienced—not just on paper, but in daily life.

What evidence will I need to support my claim?

Evidence will vary depending on your device and injury, but some of the most helpful items include:

Your hospital records and discharge summaries
A copy of the implant label or device ID (often found in your patient file)
GP notes about symptoms post-procedure
Photos, symptom logs, or journal entries
Any correspondence about the device, such as warnings or follow-up letters

We’ll work with you to gather the right documentation and seek expert input where necessary.

Is there any support available while my claim is ongoing?

Yes. While the legal process itself takes time, we can help you access practical support in the meantime. This may include advising on benefits, helping with insurance paperwork, or liaising with healthcare providers. Our role isn’t just about the claim—it’s about supporting you through a difficult time with dependable, local help.

Can I speak to someone face-to-face, or is everything done remotely?

We offer both. Many of our clients in Tallaght and across Dublin prefer to meet us in person at our local office, and we’re always happy to arrange that. Others prefer to begin with a phone call or email—we’re flexible, and we’ll work with whatever suits your circumstances best. What matters most is that you feel supported and heard from the very first conversation.

Contact John O'Leary Solicitors LLP

If you believe a medical device has caused you harm, you don’t have to face it alone. At John O’Leary Solicitors LLP, we offer straightforward advice, local support, and over two decades of experience helping individuals across Dublin. Speak directly with John or a member of our trusted team today. Call, email, or visit us in Tallaght Village—we’re ready to listen, and ready to help you take the next step with confidence.