NYC Defective Medical Devices Lawyer

NYC Defective Medical Devices Lawyer

Have you recently suffered an injury from a medical device in New York City, NY? You may have a right to compensation for your injuries. Our New York City medical device liability lawyers are here to help you fight for your rights and get what you deserve. 

At Rosenbaum and Rosenbaum, P.C., we know that medical devices can cause catastrophic physical injuries and even result in wrongful death. We’ve been helping injured consumers and patients in New York for over 40 years, recovering millions of dollars on their behalf.

Contact us today at our New York City law office. Your first consultation is absolutely free, and we charge you nothing unless we are able to secure a financial award for you. You have nothing to lose by giving us a call. 

How Rosenbaum & Rosenbaum. P.C. Can Help if You Have Been Injured by a Defective Medical Device in New York City

How Rosenbaum & Rosenbaum. P.C. Can Help if You Have Been Injured by a Defective Medical Device in New York City

At Rosenbaum & Rosenbaum, P.C., we understand how traumatizing it is to be injured by a medical device—something that was supposed to improve your health. As a patient, you should be able to rely on medical equipment to function properly and provide the assistance you need. 

Our New York City personal injury lawyers have extensive experience helping clients like you after a medical device injury. We stopped at nothing to get them justice, and you can expect us to do the same for you. Our lawyers have been recognized as Super Lawyers, Top 100 Trial Lawyers, and Multi-Million Dollar Advocates.

When you engage us to represent you in your medical device case, here are just a few things we will do for you:

  • Conduct our own investigation into what happened
  • Collect and review documents and evidence
  • Obtain statements from medical staff
  • Consult with leading experts to strengthen your case
  • Handle all negotiations with insurance companies and hospitals

If the insurance company does not agree to a fair settlement, our medical device liability lawyers are not afraid to take your case to court. 

Do not hesitate to give our personal injury law firm a call today to schedule your free consultation. Our legal team in New York City, New York, is ready to advocate for you.

What is a Medical Device?

A medical device can be something as simple as contact lenses or as complicated as a pacemaker or breast implant. Any piece of equipment, machine, apparatus, or instrument that enables treatment may qualify as a medical device.

Examples of such medical devices include:

  • MRI machines
  • Hospital beds
  • Breast and hip implants
  • Surgical mesh
  • Intravenous lines
  • Ultrasound machines
  • Pacemakers
  • IVC filter
  • Infusion pumps
  • X-ray machines
  • Catheters
  • Ventilators

Medical devices used in the home also qualify:

  • Needles
  • Contact lenses
  • Breast pumps
  • Cosmetic fillers
  • Hearing aids
  • Bed rails
  • Syringes 

The Food and Drug Administration (FDA) regulates medical devices in the United States. Devices must be tested and deemed safe before use by consumers or the medical community. Unfortunately, medical errors can still happen. When they do, people like you suffer the consequences.

How Common Are Medical Device Injuries?

Medical devices account for a staggering number of injuries and deaths in the U.S. each year. The FDA received more than 5.4 million reports of complications with medical devices from 2008 through 2017.

These complications resulted in an estimated 83,000 deaths and 1.7 million injuries. Over 25% percent of medical device injuries occurred from six types of devices, including insulin pumps and hip replacements.

Types of Defects That Could Affect Your Medical Device

There are numerous reasons that medical devices might not work properly. Typically, they fall into the following categories:

Design Defect

A medical device has a design defect if its design makes the device unreasonably dangerous for consumers. Manufacturers are sometimes too quick to approve and market a design that may have flaws. Moreover, the FDA will allow fast-track approval for a medical device if its design is similar to devices it has already approved. The rush to market can result in design defects.

Manufacturing Defect

Manufacturing defects are defects that occur in the manufacturing of the device. The design is sound, but the manufacturing process caused the device to deviate from the design in a dangerous way. Although rigorous testing is required prior to releasing a medical device, manufacturers can sometimes find ways to get around the testing in order to market their products as soon as possible. 

Marketing Defect

Any potential risks associated with medical devices must be labeled. Likewise, manufacturers must inform medical professionals of the risks. After FDA approval, manufacturers must continue to update risk information as needed. Unfortunately, some manufacturers push the device to doctors and hospitals without properly sharing the risks.

What Are Some Common Defective Medical Devices?

Medical devices that are most likely to malfunction include:

  • Ventilators
  • Heart valves
  • Unsterilized gynecological devices 
  • Breast implants
  • Prosthetic knees
  • Pacemakers 

If you were hurt due to a dangerous or defective medical device, contact us at Rosenbaum & Rosenbaum. P.C. Our personal injury attorneys in New York City, NY, will work with you to determine your options for recovering compensation.

What Are Some Common Injuries From Medical Device Defects?

Typical injuries sustained due to a defective medical device include:

  • Infections 
  • IV lines administering wrong dosages
  • Nervous system damage caused by implants
  • Tissue or bone damage
  • Heart attack
  • Permanent disability
  • Stroke
  • Organ loss
  • Allergic reaction
  • Chronic pain

Call our New York City medical device liability attorneys at Rosenbaum & Rosenbaum, P.C. if you have suffered an injury related to medical devices. We have a winning record for a reason. We work hard to deliver for our clients, and we will do the same for you.

Who Can Be Held Liable For Defective Medical Device Injuries?

Many entities may be held liable for medical device injury. 

Potential defendants in your medical device liability case may include:

  • Medical device companies 
  • Sales personnel who sold the device to the hospital or doctor
  • A doctor who failed to warn you about risks adequately
  • Hospital
  • A retailer who distributes the medical device
  • Testing laboratory

Medical device defects and malfunctions can be devastating, especially if the medical device was implanted inside your body. Removing the device means additional surgery, time to recover, and costly medical bills. 

Contact our New York medical device liability lawyers to set up an appointment to discuss your situation. Our compassionate personal injury team will lay out a legal strategy and discuss options available to you in New York.

What Types of Damages Can I Recover After a Medical Device Injures Me?

In New York, damages fall into two possible buckets: economic and non-economic. Economic damages are for financial losses that can be easily quantified, including:

Emergency room services:

  • X-rays
  • Lost wages 
  • In-home nursing
  • Earning capacity
  • Home modifications
  • Household services
  • Medical equipment
  • Out-of-pocket expenses

Non-economic damages are more subjective but include:  

  • Pain and suffering
  • PTSD
  • Loss of limb
  • Cognitive impairment
  • Mental anguish
  • Loss of consortium
  • Shame
  • Emotional distress
  • Disfigurement and scarring
  • Loss of enjoyment of life

You can count on Rosenbaum & Rosenbaum, P.C. to conduct a thorough analysis on all possible avenues of compensation. 

How Long Do I have to File a Medical Device Lawsuit in New York?

New York law places a time limit on the amount of time you have to file a personal injury claim. That limit, referred to as the statute of limitations, is three years from the injury date for products liability cases.

Three years may seem like a long time, but keep in mind that it takes time to build a strong case. Medical device liability cases can be complex, and showing that a manufacturer was negligent takes a great deal of documentation and investigation.

Contact a New York City Medical Device Liability Lawyer Today

If you were hurt due to a defective medical device, you deserve to be compensated for your physical and emotional suffering. 

Reach out to our New York medical device liability lawyers today. Rosenbaum & Rosenbaum. P.C. offers free initial consultations.