Life SciencesLiability

Medical Device FAQ

Do medical device companies need product recall insurance?

Many medical device manufacturers need dedicated product recall coverage, because the recall extension embedded in a standard products liability policy typically covers third-party bodily injury and property damage claims but not the first-party cost of executing the recall itself. Those first-party costs - notifying hospitals, distributors, and patients, retrieving the product, replacement, destruction, regulatory response, and lost gross profit - drive recall economics and can reach six or seven figures before a single injury claim is filed.

The diagnostic question is whether a recall executed tomorrow could be funded out of operating cash without disrupting the business. For a device maker distributing to multiple hospital systems, the answer is usually no, and dedicated recall coverage with first-party limits is the appropriate structure.

Recall exposure scales with distribution volume and device risk. Implantable and life-sustaining devices carry the highest recall stakes because a field action can involve patient notification and, in some cases, explantation - which is why recall coverage is a common part of a mature device program rather than an afterthought.

Primary source

FDA - Medical Device Recalls

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