Denver Medical Device Claims: 2026 Law Changes

Recent legislative updates in Denver are changing the game for product liability claims involving medical device malfunctions. If you’ve been hurt by a faulty medical product, you need to know what’s different and what it means for you.

Colorado Product Liability Act: Understanding the Framework

In Colorado, medical device product liability is built on the Colorado Product Liability Act, which you’ll find codified at C.R.S. § 13-21-401 et seq. The law defines a “product liability action” in broad terms, covering any lawsuit against a manufacturer or seller for injury, death, or property damage caused by their product. This means it can be used for claims based on negligence, strict liability, or even a breach of warranty.

Under C.R.S. § 13-21-402, a product is legally defective if it’s “unreasonably dangerous.” A product can be unreasonably dangerous because of a manufacturing flaw, a bad design, or because the company failed to provide adequate warnings or instructions. For medical devices, this could mean a device breaking during surgery, a material causing a severe allergic reaction, or a doctor not having the right instructions for safe use. The person filing the suit (the plaintiff) has to prove the device was defective and that this specific defect directly caused their injury.

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For example, say a patient gets a knee replacement at Presbyterian/St. Luke’s Medical Center, and the implant fractures way too early because of a mistake at the factory. That’s a textbook product liability claim. At its core, the law says that patients have a right to expect that a medical device will be safe when it’s used the way it’s supposed to be.

Expanded Definition of “Seller” Under Recent Amendments

A big change is coming on January 1, 2026, that’s going to affect medical device claims in Denver. The law, specifically C.R.S. § 13-21-403, is getting amended to expand who counts as a “seller.” Before, the focus was almost entirely on the manufacturer. This new language brings certain distributors and retailers into the liability chain, especially if they were heavily involved in marketing or modifying the device, or if they were careless in how they handled it.

This change matters because it creates more potential targets for a lawsuit. While the manufacturer is still usually the main defendant, going after others in the supply chain can be a smart move, particularly if the manufacturer is a foreign company or doesn’t have deep pockets. From my perspective, the legislature is trying to give consumers more protection by widening the net of who can be sued, but it’s also guaranteed to make litigation more complex with more parties involved.

Think about a scenario where a spinal fusion device fails. If the manufacturer is some small company overseas, your lawyer might now have a much stronger case against a huge U.S.-based distributor who was aggressively marketing that device to hospitals like Denver Health Medical Center. This was a hot-button issue during the legislative debates. Industry lobbyists complained it would drive up costs, but patient advocates won the argument for more accountability.

Statute of Limitations: Act Swiftly

In any injury claim, the statute of limitations is a hard deadline you can’t ignore, and medical device cases are no different. In Colorado, you generally have two years to file a product liability claim, starting from the date you discovered your injury (or reasonably should have). The relevant law is C.R.S. § 13-80-102.

This is where the “discovery rule” comes into play. You might not realize a medical device is causing problems right away. A bad hip implant, for instance, could feel fine for months or years before it starts causing pain. That two-year clock starts ticking the moment you first feel symptoms and have reason to connect them to the device, or when a doctor tells you there’s a problem with it. But don’t wait. Evidence gets lost. Memories fade. The sooner you get moving, the better your chances.

Missing that deadline will kill your case. Judges are very strict about enforcing these time limits. There are a few narrow exceptions, but banking on one is a bad gamble I’d never advise a client to take. If you even suspect a medical device has hurt you, you need to call a lawyer. We see too many people who put it off, assuming their symptoms are just a normal part of recovery, only to find out they waited too long and lost their right to sue.

Evidence Collection: Your Case Depends On It

Your case is only as good as your evidence. To build a solid product liability claim for a device malfunction, you have to be methodical about collecting documentation. What do you need to gather?

• Medical Records: Get all of them. This means every doctor’s note, hospital chart, X-ray, MRI, CT scan, and prescription list related to your diagnosis, the surgery, and all your follow-up care for complications. These records create the timeline of the device’s implantation, its failure, and the harm it caused.
• Device Information: This can be tough to find but it’s absolutely essential. You need the specific model number, serial number, and manufacturer of the device. Look for this in your surgical reports or on a device ID card the manufacturer may have given you. If the device was removed (explanted), you have to preserve the device itself so an expert can examine it.
• Correspondence: Save every email, letter, and note you’ve taken during phone calls with your doctors, the device company, or anyone representing them about the problem.
• Photographs and Videos: If your injury is visible (like a wound that won’t heal), or if you have pictures of the broken device after it was removed, that visual evidence is powerful.
• Witness Statements: Statements from family, friends, or caregivers who saw what you went through can add a lot of weight to your claim.

Trying to prove a case without the device’s specific identification is almost impossible. A manufacturer might make millions of these things, and you have to prove it was *their* specific device that hurt *you*. I tell my clients: every piece of paper, every email, every little thing might be the one detail that makes or breaks your case. Don’t throw anything away, no matter how small it seems.

Working through the Legal Process: What to Expect

So what does the legal process look like for a device malfunction claim? It starts with an initial consultation where an attorney figures out if you have a viable case by reviewing the evidence you have and explaining the options. If you decide to move forward, the lawyer will launch a full investigation, which usually means hiring medical and engineering experts to confirm the device was defective and connect that defect to your injuries.

During this investigation phase, your lawyer will send out formal requests for your complete medical file and all the information on the device from the hospital and the manufacturer. Once that’s done, a formal complaint gets filed in court to start the lawsuit. In Denver, these product liability cases are generally filed in the Denver District Court at 1437 Bannock Street.

After the complaint is filed, the “discovery” phase begins. This is a formal process where lawyers for both sides exchange information using written questions (interrogatories), requests for documents, and sworn testimony taken out of court (depositions). This is where the real battle of the experts happens, as each side puts forward their scientific and medical arguments. While many cases settle in negotiations or mediation, a good lawyer prepares every single case as if it’s going to trial, because that level of preparation is what forces a fair settlement offer.

Don’t underestimate how complex these cases get, especially when you’re up against a massive medical device corporation with a huge team of lawyers dedicated to defending these exact claims. Having experienced legal representation gives you a fighting chance to level the playing field.

These new changes to Colorado’s product liability laws are a big deal for anyone in Denver or across the state who has been hurt by a faulty medical device. Knowing about them and acting fast is how you work toward getting justice and fair compensation.