Can You Sue If Your Medical Device is Hacked?

Technology makes life easier in many ways—but in others, it can make the most basic parts of your day-to-day life much more challenging. Consider medical devices like medical implants, pacemakers, and other lifesaving devices. Anything that is regulated and controlled by a computer can, in theory, be hacked. Were that to happen, an individual’s life would literally be in the hands of a hacker—a hacker who has already proven that they have no regard for what is legal and right.

This has raised a number of important questions regarding liability. If you’ve suffered an injury because of a defective product, let us help. Call Caroselli, Beachler & Coleman at 866-565-4949 to set up a consultation.

Are Hacked Medical Devices a Real Concern?

To start, medical hacking is an ongoing problem. Entire hospitals and healthcare systems have been shut down by rogue hackers, often to wipe out medical debt or just to cause chaos. It’s just one step further to hack medical devices, and it’s not a big step either. Hackers already tap into baby monitors and other safety devices simply to hurt and inconvenience others; there’s no saying that they wouldn’t do the same with medical devices.

A wide range of medical devices are at risk of being hacked. They include pacemakers, infusion pumps, and pneumatic tube systems. When researchers uncovered potential vulnerabilities in devices currently on the market, they reached out to manufacturers. After all, even though this is a very real threat, a lot of fears could be alleviated by an aggressive approach to safety by manufacturers.

Manufacturers’ Responses

Unfortunately, that’s not what researchers got when they researched out to Medtronic regarding security gaps in the CareLink 2090 pacemaker. They responded with a vague statement that current mitigations already exist. However, since the researchers in question—experienced hackers focused on finding vulnerabilities so manufacturers can fix them—were able to hack the device and install malware, this obviously isn’t true.

These aren’t issues that can languish while manufacturers take their time finding solutions or addressing more profitable concerns. These are issues that literally put patients’ lives at risk, and they should be a top priority.

Who’s Liable?

This leaves patients and care providers wondering who would be liable if a device were to be hacked. On one level, the hacker is a liable party that could be sued. A victim with measurable damages could absolutely bring a personal injury claim against the hacker and seek compensation. However, a claim is only as good as the party’s ability to pay—and someone who hacks lifesaving medical devices for fun may not have the funds to pay out a personal injury claim.

This leads us to the manufacturer of the medical device. If the hack was only possible because of poor security on their part, it is entirely possible that a victim could successfully sue them for compensation. A claim like this would be considered a defective product claim. A defective product claim may lead to compensation if the product in question was designed improperly, manufactured unsafely, or did not come with adequate safety warnings to protect consumers.

Can You Receive Compensation?

The question at the forefront of most victims’ minds is, “Can I receive compensation for a hacked medical device?” As is the case with most legal questions, it all depends on the specifics of your claim and situation. While you’d almost certainly have a claim against the hacker, getting compensation is another matter. You’d need to be able to identify them, prove their involvement, and hope that they had the assets needed to pay you. You’d likely be better off seeking compensation from a negligent manufacturer.

Additionally, a successful claim requires measurable damages. If a device is hacked but the hacker doesn’t do anything to cause you harm, you wouldn’t have a strong claim. They’d likely still be arrested for cyber crimes, but that’s a separate issue.

Explore Your Legal Options with Caroselli, Beachler & Coleman

Not sure what your next step should be after a defective product injury? We’re here to help you through this tough time. Schedule your consultation now by calling us at 866-565-4949 or reaching out to our team online.