New York Defective Hips and Medical Devices Lawyer

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Defective Medical DeviceThousands of patients in New York are injured every year by defective medical devices. Often, these medical devices are implanted directly into a patient, causing continuous harm as their defect continues to impair a patient’s functioning and causes them severe pain. Pursuing a lawsuit against a medical device manufacturer is an important part of not only restoring the patient to their old self but also helping them receive the treatment they were meant to receive in the first place.

How Can We Help?

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.

  • Medical expenses, including 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

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

TALK TO US FOR FREE (212) 991-9750

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 the evidence available to support injured patients’ lawsuits.

Defective Medical Device Lawsuit Claims:

  • 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.

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, contact our experienced New York defective medical device attorneys. 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

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 New York Defective Medical Device Lawyers

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.

TALK TO US FOR FREE (212) 991-9750