Using any medical device carries a certain degree of risk. Manufacture or design defects could cause you to suffer injury through no fault of your own. In instances like this, you may have a defective medical product liability case. Defective Medical product liability may also apply if a manufacturer fails to warn customers about dangers associated with a product, or if they make false representations about a product's capabilities.
Several common devices are often prone to defects, including pacemakers, ventilators, heart valves, hip devices, and prosthetic knees. If you or someone you love has experienced complications resulting from a defect, contact a New York medical device lawyer. Defective medical products lawyers in NY will review your case, inform you of your legal rights, and determine whether you have grounds for a lawsuit.
What Causes Medical Device Defects?
Although the United States Food and Drug Administration (FDA) must review and approve of medical devices and related products before manufacturers can sell them, that doesn’t guarantee they will never cause harm. When a defect results in injury, illness, or event death, the manufacturer must submit a Medical Device Report (MDR) to the FDA. This report is published, serving as a public notice.
Each year, the FDA releases approximately 100,000 MDRs. MedWatch, a volunteer organization consisting of nurses, physicians, and biomedical engineers, also issues about 5,000 annual reports.
Medical devices which are commonly prone to defects include the following:
- AMS Transvaginal Mesh
- Biomet Hip Replacements
- DePuy Hip Implants & DePuy ASR Hip System
- Triaminic Vapor Patch
- Zimmer Hip Implants
- Zimmer Durom Cup
- Stryker Hip Implant
- Attune knee system
- Talc Baby powder
- Skyla IUD
Because the FDA cannot test products in real life situations, it cannot entirely stop defective products from reaching the market. Contrary to what some people believe, if the FDA approves a product, that is not an absolute assurance that it’s safe to use.
Additionally, the FDA does not have the power or ability to monitor healthcare providers who use medical devices. For instance, physicians may prescribe a device for a non-approved use. This often results in harm to the patient. The FDA cannot regulate this; it can only regulate the device manufacturers.
If you are harmed due to medical negligence or a defective medical product, consult a NY medical device lawyer. You may be entitled to compensation for your defective or recalled medical device injury.
How to Establish Medical Liability in New York
The consequences of using a defective medical device can be serious. Often, patients must undergo surgery to remove a device that has fractured in the body or shifted position. In many cases, defective medical devices may cause frequent pain and other unpleasant symptoms. A defect can prevent an individual from receiving proper treatment. In some cases, medical device defects can even result in death.
A person who has suffered as a result of using a defective medical product in New York may be entitled to compensation. However, product liability must first be established. Proving the device manufacturer is at fault is essential, and this is where the assistance of New York medical device lawyers can be valuable.
Handling Case Complexities
Consulting with experienced and reputable defective medical products lawyers prepares you for the complications of medical product liability cases. Proving a manufacturer is at fault often requires diligent research, strong attention to the details of legal documents, and a thorough understanding of the applicable federal and New York State laws.
Having an Experienced Advocate
It’s also worth noting that medical product manufacturers have access to substantial legal resources. File a lawsuit against this type of company, and there’s a strong possibility they’ll enlist their own experienced legal team to disprove or invalidate your claims.
You need help from experienced medical lawsuit lawyers who have experience representing people like you in New York State. Every step of the way, from the initial case review to any potential litigation that may result from a lawsuit, you want to know you have professionals on your side who are dedicated to providing the representation you deserve.
At The Rothenberg Law Firm, that’s exactly what you’ll find. Our medical device lawyers have earned favorable outcomes for thousands clients in the past. For more than 49 years, we’ve provided superb representation for clients throughout the country, applying critical legal experience and skill to these often challenging cases.
Contact a Defective Medical Device Lawyer in NY
If you or someone you love has suffered the consequences of a medical product defect, contact the New York defective medical products lawyers at The Rothenberg Law Firm LLP at 1-800-624-8888. Or, you may submit an InjuryLawyer.com free online case evaluation.
The initial consultation with a medical device lawyer is absolutely free. We’ll review your case and confirm whether a medical liability lawsuit is appropriate. If we take on the case, we work on a contingency fee basis. That means you won’t incur any legal fees unless we’re successful in getting compensation for you.
Keep in mind, the Statute of Limitations can prevent you from filing a lawsuit before a particular expiration date. These expiration dates vary from one state to another. Thus, it’s important to contact a defective medical product lawsuit lawyer at our firm as soon as possible if you believe you have a case.