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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.
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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.
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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.
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The FDA’s 510(k) pre-market review process for medical devices provides strong protections to American patients and promotes medical innovation.
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Excepting the year’s first quarter, third quarter spending exceeded all prior quarters since the second quarter of 2023. Estimated spending on these ads jumped by over $280,000 or 25%.
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Following the steep increase in the first quarter, ad spending returned to what was observed at the end of last year.
Implanted ports remained the top device target across all mass tort TV advertising, while Impella Heart Pumps emerged as a new target of the ads.
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Total estimated spending on ads nearly doubled from the last quarter of 2023 and there were 5,200 more ads.
Implanted ports was the top target of this advertising once again with the estimated spending on these ads more than doubling from the prior quarter.
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.