New York Defective Hips and Medical Devices Lawyer

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.

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.

Defective medical devices can include a variety of different medical products used to help people deal with long-term medical problems, and can include things like:

• Artificial joint replacements (knees, hips, etc.)
• Transvaginal/pelvic mesh implants
• Pacemakers
• Insulin pumps
• Shoulder pain pumps
• Intrauterine birth control devices (IUDs)

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

If you have been injured by a faulty medical device, you may be able to hold the manufacturer, distributor, or medical provider liable for the harm you have suffered. At Zlotolow & Associates, our New York defective medical device lawyers can help you pursue the full 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 obtain compensation for medical expenses, as well as lost income from the inability to work, pain and suffering, and compensation for any other additional expenses or complications that may arise.

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.

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 our New York defective medical device lawyers today to schedule a free consultation about your legal options if you believe you or a loved one has been harmed by a defective medical device. In addition to helping clients with their personal injury cases in New York City, we also service The Bronx, Brooklyn, Manhattan, Queens, Staten Island, Nassau, and Suffolk. Contact the personal injury attorneys at Zlotolow & Associates by calling us toll-free at (866) 800 – 0092, or visit our contact page for a free consultation.