Lawyer-funded and investor-backed advertising is misleading patients into seeking legal action for non-faulty devices, or worse, having their medical device removed without consulting their doctor through unnecessary, expensive and potentially harmful procedures. These ads deceive patients into thinking their medical devices are faulty according to government authorities, but this is simply untrue. Deceptive attorney advertising poses an unacceptable threat to patient safety.
In 2019, Texas and Tennessee passed legislation to protect patients by eliminating deceptive attorney advertising that targeted life-saving medication and medical devices. Other states must follow suit.
Deceptive medical device ads are typically funded through firms that front money to lawyers and businesses that specialize in claim generation to profit off misleading patients into dubious lawsuits and dangerous surgeries.
The FDA’s 510(k) pre-market review process for medical devices provides strong protections to American patients and promotes medical innovation.
What GAO Found. Third-party litigation financing is an arrangement where a funder that is not a party to a lawsuit agrees to provide funding to a litigant (typically a plaintiff) or law firm in exchange for an interest in the potential recovery in a lawsuit (see figure).
We are advocates protecting patients from risks associated with deceptive, third-party funded advertisements. We support the doctor-patient relationship and seeking proper medical, not legal, advice for any medical device and health-related concerns.