Were you injured because of a defective medical device? You may be entitled to compensation for medical bills, lost wages, pain and suffering, and more. An experienced NYC defective medical devices lawyer can help you get the money you need to move forward.
At Rosenbaum & Rosenbaum, P.C., we offer a free case evaluation to all potential clients. Simply give our law firm a call to arrange your free consultation today.
How Our NYC Personal Injury Attorneys Will Help With Your Defective Medical Devices Claim
Medical devices and advances in technology are supposed to make our lives better. When companies responsible for developing and selling medical devices cut corners, the opposite can be true. A dangerous medical device can destroy your quality of life–and create the need for ongoing and expensive medical care.
Manufacturers can be held legally responsible for their mistakes. Unfortunately, it isn’t always easy to hold them accountable. Big corporations aren’t just going to step forward and admit that they were wrong. In fact, they’ll hire teams of defense attorneys to make it difficult for you to get the money you need.
If you’re hurt, the last thing you need is that type of legal battle. It can be overwhelming, to say the least. That’s where an experienced NYC personal injury lawyer can help. At Rosenbaum & Rosenbaum, P.C., we have over 40 years of experience helping injured clients across New York City. We know how to handle cases like yours.
When you hire us, you’ll get the advice of an attorney who will:
- Find out how your medical device was defective
- Investigate to find out whether anyone else suffered similar harm
- Evaluate the manufacturer’s safety record and testing protocol
- Get the proof needed to show that the defective device caused your injuries
- Stand up for your rights when the insurance company tries to pressure you into accepting a lowball settlement offer
Our legal team has a history of success when facing off against big corporations. Our financial resources and experience can make all the difference in your case. To learn more about how we can use our skills to maximize your compensation award, give us a call today. Your first consultation is always 100% free.
Standard For Recovering Compensation in a NYC Defective Medical Devices Lawsuit
Companies that make defective medical devices can be held strictly liable under New York law. That means you don’t have to prove that the company was negligent to recover damages.
The three types of defects that are usually relevant in cases involving defective medical devices are manufacturing defects, design defects, and marketing defects.
Defective medical devices have a manufacturing defect if there’s a flaw in the way the device is assembled.
Manufacturing defects often include:
- Using the wrong materials
- Forgetting a part
- Putting the device together incorrectly
Devices with manufacturing defects are designed correctly, but something in the manufacturing process happens to make the product dangerous for consumers.
A design defect is a problem with the way a medical device is designed. Regardless of its components or assembly, the device is inherently dangerous based on its design. Product manufacturers have a duty to explore safer alternatives to designing a medical device.
When a medical device is unreasonably dangerous and another design was feasible, the manufacturer can be held strictly liable for the harm it causes to consumers.
Liability for marketing defects is also known as “failure to warn.” Companies have a duty to disclose any known dangers involved in using a medical device. When device manufacturers fail to properly disclose the risks, they can be held financially responsible for any resulting harm to patients.
Do you think you have a claim for damages under NYC product liability laws? Call Rosenbaum & Rosenbaum today to schedule a free case review with our product liability attorneys.
Don’t Product Manufacturers Have to Test Medical Devices to Ensure Safety?
The FDA regulatory process in the United States is generally extensive. Under state and federal law, product developers are required to conduct rigorous testing to ensure that a medical device is generally safe before it’s marketed to consumers.
Unfortunately, some product manufacturers cut corners. The law actually gives certain medical device manufacturers a loophole. If there’s already a similar product on the market, all the company has to do is show that the new device is at least as safe as the old product. Even though some new medical devices are actually safer than old products, that doesn’t necessarily mean that they’re safe for general use.
This loophole is known as the 510(k) clearance process. The problem with this process is that some medical devices were put on the market decades ago. In the 1970s, the FDA rules were much more relaxed–and some dangerous products ended up in circulation. Now, all companies have to do is show that their product is at least as safe as one of these relatively untested older devices.
You shouldn’t have to suffer because medical device companies cut corners to fast track their devices. Our New York defective medical devices attorneys will do everything we can to get the full compensation you deserve if you were hurt. Just give us a call today and arrange a free consultation to get the legal advice you need.
We Handle All Types of Defective Medical Devices Cases in New York City
Some medical devices save lives. Others are so unreasonably dangerous that they cause more harm than good.
At Rosenbaum & Rosenbaum, P.C., our personal injury lawyers know that an unexpected injury or illness can turn your life upside down. If you’re struggling, our team is here to help. We handle all types of product liability cases in NYC, including those involving dangerous:
- IVC filters
- Surgical mesh
- Heart stents
- Intrauterine devices (IUDs)
- Metal hip implants
- Breast implants
- Heart valves
- Knee implants
- Transvaginal mesh implants
- And more
If you were hurt because of a dangerous medical device, don’t hesitate to reach out for legal help. Our personal injury lawyers are always available to listen to your story. Schedule your free consultation today to discuss your options.
What Time Limits Apply if I Was Hurt Because of a Defective Medical Device?
The New York statute of limitations gives you three years to file a product liability lawsuit against the at-fault party. The clock begins to run on the date you get hurt.
Our lawyers at Rosenbaum & Rosenbaum will handle all of the administrative work required to successfully sue for damages. That includes making sure you meet all the applicable deadlines for filing a lawsuit. But we can’t get started until you take the first step. Call our offices today to get the ball rolling.
What Damages Can I Recover If I Was Harmed Because of a Dangerous Medical Device?
Medical devices are big money makers for manufacturers. Patients’ lives are literally on the line–and the sooner the device hits the market, the sooner the manufacturing company can start raking in profits. It’s the patient who suffers when the company cuts corners and puts profit over patient safety.
Unfortunately, defective medical devices can cause serious and even catastrophic injuries. Some even lead to wrongful death. At Rosenbaum & Rosenbaum, P.C., our NYC product liability lawyers will aggressively pursue the full amount of compensation you’re entitled to receive.
We’ll fight to recover compensation for:
- Medical bills
- Future medical expenses
- Lost wages
- Lost future earning potential
- Pain and suffering
- Loss of enjoyment of life
- Permanent disability
- Emotional distress
- PTSD and anxiety
If you lost a loved one, we can also fight to recover fair compensation in a wrongful death lawsuit.
It isn’t always easy to establish what your case is worth. The insurance company will do everything they can to make it look like your injuries are less serious than they are. Our lawyers have the resources to work in the opposite direction–toward recovering the maximum available compensation for you.
Wondering how? We’ll hire experts and specialists in relevant fields, including medicine, forensics, psychology, and finance. Their insight can go a long way in convincing a judge and jury about how much your injury claim is worth. Insurance companies know this–and will be much more likely to play fair once they realize you have expert testimony in your corner.
If you’re ready to learn more, you don’t have to wait. Call our offices today to schedule a free consultation. We’re always available to take your call and listen to what happened.
Contact an Experienced NYC Defective Medical Devices Lawyer to Learn More About Your Legal Rights Today
You trusted your doctors to provide quality medical care. If you’re now suffering the painful consequences of a defective medical device, you don’t have to suffer financially. Call an experienced NYC defective medical devices lawyer at Rosenbaum & Rosenbaum today.
Our attorneys are passionate about holding manufacturers accountable for the harm they’ve caused. Call today to schedule a free consultation to learn more about your legal rights.