David Brown Co-Authors “Manufacturer Liability for Used Durable Medical Equipment”

“Manufacturer Liability for Used Durable Medical Equipment”

By: David Brown and Gretchen Schuler
Litigation Management
Winter 2017

“Used wheelchair for sale – just like new. Barely been used. Still under warranty. Each piece of equipment is in good working order, cleaned and inspected by factory trained technicians.”

In today’s day and age, products and goods are freely and efficiently sold over the Internet. This obviously includes used medical devices. There are specific websites that are entirely devoted to the resale of used medical equipment including durable medical devices. Additionally, individuals also market and sell their used durable medical equipment to other individuals through various websites. The Centers for Medicare and Medicaid Services has defined durable medical equipment to include equipment that:

1. Can withstand repeated use;
2. Has a life expectancy of at least three years;
3. Is primarily and customarily used to serve medical purpose;
4. Generally is not useful to an individual in the absence of an illness or injury; and
5. Is appropriate for use in home.

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