New York City Defective Hips and Medical Devices Lawyer

Defective Medical Devices Attorneys in New York City

Thousands of patients in the New York City area are injured every year by defective medical devices. In the meantime, manufacturers continue to distribute and medical providers continue to use devices that have been identified as dangerous by injured consumers.

If you have been injured by a faulty medical device, you may be able to hold the manufacturer, distributor, and/or medical provider liable for the harm you have suffered. At Zlotolow & Associates, our New York City defective medical device lawyers can help you pursue the full and fair compensation you deserve. We have more than 20 years of experience helping individuals and families who have been seriously harmed due to others’ negligence and wrongdoing. We help clients demand compensation for:

  • Medical expenses, including for reparative surgery to remove the faulty device
  • Lost income during convalescence
  • Pain and suffering
  • Funeral and burial expenses in fatal cases
  • Punitive damages in cases involving extreme misconduct

Contact Zlotolow & Associates today for a free legal consultation with a skilled NYC defective medical device attorney about your right to restitution for what you have been needlessly put through.

Understanding Medical Device Lawsuits

To be successful, a lawsuit would have to demonstrate that either the defendant(s) knew or should have known the medical device was defective or faulty, and that they failed to adequately warn consumers of this fact. This would include showing:

  • Flaws inherent in design and production of the device
  • Inadequate testing of the device’s safety and effectiveness
  • Improper marketing of the device
  • Failure to warn patients about risks, complications, and/or side effects the device was known to cause

In many cases, numerous patients have claimed to have been harmed by an allegedly faulty medical device. This may lead to action from the Food and Drug Administration, such as a recall or requiring stronger or more prominent warnings about potential side effects from using the device. Multiple complaints also tend to prompt independent studies of questionable devices and others like them. All of this information adds to evidence available to support injured patients’ lawsuits.

Once numerous defective medical device lawsuits are active, the courts often combine similar claims for efficiency. Courts may group claims as:

  • Class-Action Lawsuits, which combine similar legal complaints against a defendant. One or more plaintiffs are chosen to represent the class.
  • Multidistrict Litigation (MDL), which combines cases that have common legal issues and identifies a representative case to be heard in a bellwether trial. The Judicial Panel on Multidistrict Litigation determines that a single, usually centrally located, court will hear MDL cases.

Once a class action or MDL is declared, other qualifying complaints may join the class or MDL, which means agreeing to accept the outcome of the representative case. At this stage, the case may go to trial but may still be settled. Even as large corporations fight class-action or MDL lawsuits, they often set aside millions of dollars in anticipation of settling or losing the case.

The experienced product liability attorneys at Zlotolow & Associates can advise you about joining litigation or pursuing your own claim. In some cases, you may be able to take part in a court-approved settlement that already exists.

Our advice to you will be based on your needs for the best possible medical recovery and full restitution for your costs, losses, and pain and suffering. We always seek the maximum compensation in defective medical device cases because we believe you should never be left with a future financial burden related to your injury.

TALK TO US FOR FREE (212) 991-9750

Are Your Medical Problems Due to a Faulty Medical Device?

If you have been experiencing pain, inflammation, infection, recurrence of problems, or noticeable failure of a medical device, you should contact an experienced NYC defective medical device attorney at Zlotolow & Associates now. We can help you determine whether your medical provider used a device known to be defective, or perhaps whether you are among the first to experience and new medical product failure.

Among the types of medical devices commonly cited for failure are:

  • Hip replacement implants. Several companies have manufactured metal-on-metal hip implants that have proven to be faulty. Because of the movement of the hip’s ball-and-socket joint, the metal in an all-metal implant eventually flakes off and enters surrounding tissue and the blood stream. Metal flakes can destroy tissue around the artificial hip, allowing the implant to loosen and fail. Recipients of faulty devices are likely to initially suffer pain, swelling, inflammation, and infection from damage to surrounding bone and tissue. If metal ions enter the bloodstream, they can cause heart, kidney, and neurological damage. Correcting the problem requires additional surgery to remove the implant and replace it with a traditional artificial hip made with ceramic components.
  • Artificial knees. Some knee replacement implants wear out and fail prematurely. Some fail almost immediately. As a recipient’s knee replacement begins to fail, the artificial joint loosens, which causes instability and loss of mobility, as well as swelling and pain. The solution to a knee implant failure is revision surgery to replace the faulty device. Revision surgery is more difficult than initial implantation because it is often complicated by loss of bone needed to stabilize the implant.
  • Transvaginal / pelvic surgical mesh products. Pelvic and transvaginal mesh products are surgically implanted to provide added strength and support for a woman’s pelvic muscles, which can become weak as a result of age and childbirth. Transvaginal mesh may be used to treat pelvic organ prolapse (POP) or stress urinary incontinence (SUI), for example. However, the implanted mesh tends to migrate, penetrate the walls of the vagina, and cause infection, pain, urinary problems, and recurrence of the prolapse and/or incontinence. In some cases, pieces of mesh become so ingrained in tissue, they cannot be removed.
  • IUD birth control devices. Some intrauterine device (IUD) birth control products, sometimes marketed as “intrauterine system” or IUS, tend to move or “migrate” after being implanted. Movement of IUDs has been linked to perforation of the uterus and additional organ damage, as well as internal bleeding and infertility in some women. NuvaRing, an IUD that releases estrogen and progestin to prevent ovulation, has been linked to a high risk for deep-vein thrombosis (DVT) and stroke, among other problems.
  • Shoulder surgery pain pumps. After arthroscopic shoulder surgery, patients often have a pump implanted as a pain management device. However, some shoulder pain management pumps have been linked to progressive destruction of cartilage in the shoulder joint, a condition known as “post arthroscopic glenohumeral chondrolysis” (PAGCL). Currently, there is no treatment for PAGCL that consistently relieves pain, and the only true option for a pain-free life may be full-shoulder replacement surgery.

It is quite likely you do not remember the product name or manufacturer of the medical implant you have received. This is not a problem. It will be in medical records that we can help you obtain. However, among the manufacturers of medical devices whose products have been recalled or otherwise come under fire are:

  • Johnson & Johnson
  • Bayer Healthcare
  • Biomet
  • Boston Scientific Corp.
  • Covidien
  • CR Bard Inc. (a J&J subsidiary)
  • DePuy Orthopaedics
  • Ethicon
  • Merck & Co.
  • Stryker
  • Zimmer

You may have already been advised that an implant you received needs to be replaced. If you are experiencing problems and are unsure whether a medical device you have received is the cause, Zlotolow & Associates can help you obtain a medical evaluation independent of providers who may have already caused you harm.

To develop a claim for you, we will investigate your medical history and the product(s) you have received, including obtaining and reviewing records of your prior treatment. We can also keep track of your additional medical records as you undergo treatment to correct the harm done to you. We will consult medical experts and financial professionals to help evaluate your injuries and loss, and determine what’s necessary to fully and fairly compensate you.

Frequently Asked Questions

How long will my case take?

The amount of time it takes to resolve your case will depend on multiple factors. First, it is important that you take the time you need to heal. Once you reach maximum medical improvement, we will be able to estimate the extent of your damages. Second, you are the one who decides when you want to settle or go to court. Our attorneys will present you with every settlement offer and explain whether we feel you are owed more. We will negotiate aggressively and be prepared to take your claim before a judge and jury, if necessary. But a lawsuit does take time, and it is ultimately your decision on how you want to proceed.

What will my lawyer handle for me?

Our full-service personal injury law firm will handle all aspects of your claim, including communicating with the insurance company, filing your property damage claim, and keeping track of your medical records. We will also launch our own investigation into the cause of your accident to identify every possible source of compensation. And we will bring in medical experts and financial professionals to help evaluate your claim and determine what full and fair compensation should be.

What will I have to do for my personal injury case?

You need to stay focused on your health. Make sure you follow your doctor’s orders and make it to all your appointments. Start a journal to document how your injury is affecting your everyday life, both physically and emotionally. And protect your privacy by taking a break from social media and not talking about your case.

Contact Our NYC Defective Medical Device Lawyers

Manufacturers have a legal obligation to ensure their products are safe when used as directed or to adequately warn users about their risks. Those who distribute and sell such devices have similar responsibilities. A patient injured by a faulty medical device may seek restitution for past and future expenses associated with use and removal of the failed device, their pain and suffering, and additional losses.

Contact Zlotolow & Associates in New York City to schedule a free discussion of your legal options if you believe a faulty medical device has harmed you or a loved one. Our product liability lawyers pursue faulty medical device claims on behalf of people like you to demand the full compensation you need to move forward with your life.

TALK TO US FOR FREE (212) 991-9750