New York City Defective Medical Device Lawyer

Medical devices are meant to improve lives, ease suffering, and restore independence. Unfortunately, when these devices are defective, they can do the exact opposite, causing immense physical pain, emotional distress, and significant financial burdens.

If you or a loved one has been injured due to a defective medical device, you don’t have to face the challenges ahead alone. A New York City defective medical device lawyer at the Rothenberg Law Firm can help guide you through the overwhelming process of seeking justice and holding those responsible accountable. Contact us today to discuss your case and legal options during a free consultation.

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Why Choose the Rothenberg Law Firm for Your NYC Defective Medical Device Case

When you or a loved one have been harmed by a defective medical device, you need attorneys who combine skill, strategy, and empathy. At the Rothenberg Law Firm, we’ve been standing up for injury victims since 1969, securing billions of dollars in compensation for clients across the country. Our legacy of success stems from our client-first philosophy and a deep commitment to righting wrongs.

For more than five decades, we’ve handled some of the nation’s most complex personal injury cases. We understand the catastrophic toll defective medical devices can have on individuals and families. That’s why we treat every case as if we’re advocating for someone in our own family. You deserve a legal team that not only fights fiercely for justice in the courtroom but also helps you as you begin to heal outside of it.

When you work with the Rothenberg Law Firm, you gain the support of an entire team of seasoned legal professionals. From day one, we focus our resources on achieving a full and fair recovery for you. We take the time to understand the unique challenges your case presents, and we will stop at nothing to protect your rights and hold negligent parties accountable.

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.

Common Types of Defective Medical Devices

Defective medical devices come in many forms and can fail for a variety of reasons. Whether due to design flaws, manufacturing errors, or inadequate warnings, these defects often lead to devastating consequences. Below are examples of medical devices frequently associated with defects:

• Implantable Devices
  Devices such as hip replacements, pacemakers, and heart valves are designed to support vital bodily functions. However, improperly designed or poorly manufactured implants can cause fractures, migration within the body, or device failure, leading to serious complications.
• Surgical Tools and Instruments
  The tools surgeons rely on must perform with precision. Any defect in surgical instruments, such as equipment breaking during a procedure, can endanger a patient’s life.
• Prosthetics
  Prosthetic limbs and other artificial devices must meet stringent quality standards to provide the mobility and independence that patients expect. Defects can cause pain, improper function, or additional surgeries.
• Birth Control Devices
  Devices like intrauterine devices (IUDs) can lead to significant harm if improperly designed or inadequately tested. Cases involving perforated organs, infections, or device migration are disturbingly common.
• Drug Delivery Systems
  Infusion pumps, insulin pens, and other systems that administer medication have the crucial job of delivering precise doses. A defect can result in an overdose, underdose, or failure to deliver medicine at all.

Behind these defects are often preventable issues such as poor quality control, lack of comprehensive testing, or the failure to warn healthcare providers and patients about known risks. The lawyers at The Rothenberg Law Firm carefully analyze these factors to determine how the defect occurred and who should be held liable.

Potential Injuries Caused by Defective Medical Devices

The harm caused by a defective medical device can extend far beyond the initial failure of the product itself. Victims often suffer life-altering injuries or complications that require extensive medical intervention, ongoing care, and significant time away from work. Common complications include:

• Organ Damage
• Severe Infections
• Device Failure Requiring Additional Surgeries
• Chronic Pain or Disability
• Psychological Trauma

The ripple effects of these injuries often spread beyond the individual, impacting their families and loved ones as well. Medical costs, lost income, caregiving needs, and emotional support add layers of strain during what may already be a challenging time.

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Why Legal Representation is Essential in Defective Medical Device Cases

Defective medical device cases are often highly complex, requiring medical knowledge and legal acumen to achieve a favorable outcome. Here’s why having skilled legal representation is so important:

• Proving Liability is Complicated

Determining who is at fault for a defective medical device often involves multiple parties, including manufacturers, distributors, and healthcare providers.

• Uncovering Critical Evidence

Successful claims require gathering a broad range of evidence, such as medical records, technical reports, and expert testimony.

• Challenging Powerful Defendants

Medical device manufacturers often have substantial legal teams dedicated to protecting their interests and minimizing payouts. Without legal guidance, injury victims may find it difficult to hold large corporations accountable.

• Understanding Your Legal Rights

Many people are unfamiliar with their rights under medical product liability laws and may not realize the potential compensation they might be entitled to, including recovery for medical expenses, lost wages, and emotional pain and suffering.

• Maximizing Your Compensation

An attorney ensures that all aspects of your injury and its impact on your life are accounted for when pursuing compensation. This includes not only current damages but also future expenses like ongoing medical care and loss of earning capacity.

When dealing with the legal system, having a dedicated advocate by your side can make an enormous difference. The experienced attorneys at the Rothenberg Law Firm are committed to standing by you every step of the way, ensuring your case is handled with care, precision, and the determination needed to secure justice.

The Legal Process for Filing a Defective Medical Device Claim

Filing a claim for injuries caused by a defective medical device can feel overwhelming. At the Rothenberg Law Firm, we aim to simplify the process and guide you through each step with care and legal support. Here’s an overview of what to expect when pursuing a defective medical device claim:

Initial Consultation and Case Evaluation

Your legal journey begins with an initial consultation. During this meeting, our experienced attorneys will review the details of your situation, including medical records and the type of device involved, to determine the strength of your case. This stage is not only about assessing liability but also about giving you the opportunity to ask questions and understand your legal rights.

Investigating the Defective Product and Identifying Liability

Once we take on your case, our team will launch a thorough investigation. This involves researching the medical device's history, examining prior defect reports, and determining whether the fault lies with its design, manufacturing, or insufficient warning labels. We also identify all responsible parties, which may include the manufacturer, distributor, or healthcare provider.

Gathering Evidence

Building a strong case requires comprehensive evidence. This may include medical records that document your injury, expert testimony from medical or engineering specialists, results from product testing, and other critical documents. By piecing together solid evidence, we aim to establish exactly how the defective medical device contributed to your injury.

Filing the Claim and Negotiating

After gathering sufficient evidence, we file your claim and begin negotiations with the involved parties, such as insurance companies or the device manufacturer’s legal team. We approach these discussions with one goal in mind—to secure full and fair compensation for you. Manufacturers often bring substantial resources to these negotiations, but with The Rothenberg Law Firm fighting on your behalf, you’ll have skilled advocates to level the playing field.

Taking the Case to Court

If the responsible parties fail to offer a fair settlement, we don’t back down. We are fully prepared to take your case to trial. Our attorneys have extensive courtroom experience and a reputation for winning cases that go the distance. We’ll advocate relentlessly to prove your claim and hold the liable parties accountable.

Timelines and Statute of Limitations

It’s important to act promptly, given the statute of limitations for defective medical device cases in New York. These timeframes vary depending on your specific circumstances, but waiting too long to file a claim could prevent you from seeking the compensation you deserve. Our attorneys can help ensure you meet all necessary deadlines and avoid missing critical opportunities.

Defective Medical Device Claims FAQs

If you’re considering a claim involving a defective medical device, you likely have many questions. Below, we’ve answered some of the most common concerns our clients have shared with us over the years.