An implant, IUD or prosthesis is placed to solve something. But sometimes it actually causes new symptoms. And sometimes it turns out afterward that known risks were not shared.
Those who then ask questions quickly find that the answers are rarely simple. Were my symptoms caused by the device? Should I have been informed about this? And who is to blame?
We help victims explore those questions.
When is a manufacturer liable?
The law states that a manufacturer is liable for damages caused by a defective product. That sounds logical, but “defective” does not necessarily mean that the product was broken. The issue is: was this product as safe as you could reasonably expect? This includes how the product was presented, how it is normally used, and what the manufacturer knew or could have known about safety.
An important point: a victim does not have to prove that the manufacturer acted intentionally or negligently. The law places responsibility on the manufacturer even if there was no ill will or intent.
Why this is extra complicated with medical devices
A medical device is no ordinary product. It is used in a medical context, often on the advice of a physician, and with the expectation that it has been carefully researched.
It is precisely that trust that makes these issues sensitive. Because when complaints arise later, it's not just about whether the device itself was safe. It's also about what the manufacturer knew, whether it shared that, and whether doctors and patients were informed in a timely manner.
Proving it is the hardest part
The hardest part in this type of case is proving that the complaints were actually caused by the device. Especially if complaints arise later, or if other causes may also play a role.
The difficulty of proof was also evident in a recent case involving breast implants made by manufacturer Allergan. The Amsterdam court ruled in December 2025 that the implants were not defective and that the manufacturer was not liable for the health complaints about which the plaintiffs complained. For the women involved, that was a harsh outcome. The ruling was appealed.
Don't wait too long
Anyone harmed by a medical device does not have unlimited time to take action. There are statutory time limits within which a claim must be filed. Once that deadline has passed, in many cases the right to file another claim expires, even if the complaints are serious. The time limits depend on the type of claim and the situation. This is precisely why it is wise to have complaints that may be related to a medical device assessed in time.
What will change soon?
As of December 9, 2026, new European rules apply to damage caused by defective products. We explain two changes.
First, from that date, it will be possible to seek compensation for mental injury even if no physical injury has been established. Second, for damages where physical injury is slowly becoming apparent, there will be a longer period to file a claim.
These changes apply to products entering the market after Dec. 9, 2026, including new medical devices.
What we can do
When in doubt about a medical device, clarity is the first step. What is known about the product? How strong is the medical connection to the complaints? And what legal options are available?
Unsure if your symptoms are related to a medical device? Tell us your story. We are happy to look into it with you without any obligation.