Defective Drugs and Medical Device Lawyer
If you or a loved one were injured by a defective medical device or drug, you don’t need to navigate the complex terrain of product liability laws alone. Our skilled defective medical device lawyers at Meirowitz & Wasserberg, LLP, can provide you with award-winning legal counsel and guide you through the intricacies of your claim. We are here to help you understand your rights and seek the compensation you are entitled to. Contact us today to learn more in a free, zero-obligation consultation.
Expertise
Mr. Wasserberg is proud to call himself a Trial Lawyer. He is often a featured speaker at industry summits and gatherings of the nation’s leading attorneys, from both sides of the bar. He is recognized by both his peers and his adversaries and is considered one of the nation’s premier mesothelioma and negligence attorneys
Content written by Dan Wasserberg
- Expertise
Mr. Wasserberg is proud to call himself a Trial Lawyer. He is often a featured speaker at industry summits and gatherings of the nation’s leading attorneys, from both sides of the bar. He is recognized by both his peers and his adversaries and is considered one of the nation’s premier mesothelioma and negligence attorneys
Experienced Mesothelioma Attorney
Quick Links
- Understanding Defective Drugs and Medical Devices
- The Role of Mass Torts in Defective Drugs and Medical Device Lawsuits
- Why Choose the Defective Drugs and Medical Device Lawyers at Meirowitz & Wasserberg?
- Steps To Take If You’ve Been Affected by a Defective Drug or Medical Device
- Defective Medical Devices and Drugs FAQs
- Contact Meirowitz & Wasserberg Today to Schedule Your Free Consultation
If you are struggling with the life-altering consequences of medical treatment using a defective product, you aren’t alone. Defective drugs and medical devices impact countless individuals every year, leaving them with serious health complications, emotional distress, and financial difficulties. If you find yourself facing this situation, do not wait to consult with a product liability attorney.
Securing legal representation is the best way to get started on the path toward compensation after an injury, especially when dealing with complex areas of the law involving mass torts, poorly developed prescription drugs, and defective medical devices. Meirowitz & Wasserberg, LLP, is an award-winning law firm committed to guiding you through the maze of product liability laws.
Reach out to us today by calling (908) 998-2000 or visiting our contact page. We offer free consultations, and you pay nothing unless we win your case.
Understanding Defective Drugs and Medical Devices
“Defective drugs and medical devices” include any pharmaceutical product or medical equipment that fails to meet minimum standards to make them safe for consumers and patients. Unfortunately, these kinds of safety issues are more common than you may think, and they can arise from errors in various stages of production. Generally speaking, defects that may lead to product liability fall into one of three categories:
- Manufacturing errors – These errors occur during production and can lead to contaminated, mislabeled, or improperly assembled products.
- Design flaws – These are inherent issues in a product’s development or design that can make it unsafe, even when manufactured correctly.
- Inadequate warnings – Product liability can also arise when failure to provide sufficient user instructions leads to accidental misuse of a product.
Impact on Patients
Defective medical products and devices can lead to severe health complications, long-term disability, and even death. Further, the emotional toll of certain injuries and health conditions developed because of these products and devices can significantly affect your quality of life and mental well-being.
In addition to negative health and psychological effects, the burden of mounting medical bills and lost wages associated with their injuries can also be financially overwhelming for victims. All of this may translate into compensable damages.
Again, lawsuits in these situations normally fall under the umbrella of product liability law. This is a specialized area of personal injury law that allows victims to hold manufacturers, distributors, and other parties accountable for the harm they suffer.
One thing that differentiates this area of the law from more commonplace personal injury cases is its focus on ensuring the well-being of all consumers, as opposed to just compensating a single injury victim for the harm caused by a negligent actor. This focus stems from the fact that one poorly developed pharmaceutical drug, for example, has the potential to harm thousands and maybe even millions of individuals.
These unique concerns make product liability a particularly complex area of the law. They are also why it is best to speak with a defective drugs attorney or a defective medical device attorney as soon as possible if you suspect you have a case.
The Role of Mass Torts in Defective Drugs and Medical Device Lawsuits
In law, a “tort” is a wrongful act that leads to an injury or loss to another person, giving them a legal right to seek compensation from responsible parties. “Mass torts” arise when multiple individuals are injured by the same thing, leading to a proliferation of cases against one responsible party.
Mass tort scenarios often arise when a widely distributed product, such as a defective medical device, is recalled after it is discovered that it does not meet minimum consumer safety standards. There are multiple benefits that flow from taking simultaneous or overlapping legal action against a company for exposing consumers to a defective product. These include the following:
- Information Sharing – If one product is the source of injury and loss for many individuals, the laws and facts in their cases will likely overlap. This allows the attorneys working on these claims to draw on information and research accumulated in related cases, including expert testimony.
- Efficiency – This goes hand in hand with information sharing. Again, if one defective product is the source of multiple lawsuits, referencing research, information, and results in similar cases can save resources, time, and money.
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Mass torts are sometimes conflated with “class actions.” Both are ways of holding companies accountable for the widespread harm caused by their defective drugs and medical devices.
However, unlike class action lawsuits, in which presiding courts evaluate similar harms suffered by multiple plaintiffs within one lawsuit, mass torts allow injured victims to file their cases individually. This also means that their damages are calculated individually based on the unique impact the defective product or drug had on their well-being and lives.
A mass-tort approach makes more sense than a class action when the facts, injuries, and losses across individual cases are similar or related but not quite identical. Further, before a court can consolidate claims into a class action, certain legal criteria must be satisfied.
This can all become very technical and requires the attention of a skilled attorney. Meirowitz & Wasserberg can help you figure out what route makes the most sense after reviewing the facts in your case.
Examples of Mass Torts Involving Defective Drugs and Medical Devices
Defective drugs and medical devices are more common than you may realize. There are countless examples of mass tort scenarios involving drugs and medical devices that have caused people harm.
Mass tort examples involving defective medical devices include:
Mass tort examples involving unsafe drugs include:
- Philips CPAP BiPAP and ventilator machines (recalled)
- Polypropylene hernia mesh
- Inferior vena cava filter (IVC filter or retrievable blood clot filter)
- Metal-on-metal hip implants
- Power morcellators
- Proton pump inhibitors
Mass tort examples involving unsafe drugs include:
If you have been injured by an unsafe drug or defective medical device, do not hesitate to contact Meirowitz & Wasserberg today. Our award-winning legal team includes both defective medical device lawyers and defective drugs lawyers. We have what it takes to handle your case.
Why Choose the Defective Drugs and Medical Device Lawyers at Meirowitz & Wasserberg?
Meirowitz & Wasserberg is a nationally recognized law firm. We are committed to helping injury victims defend their right to compensation and have been recognized by multiple legal organizations and publications, including:
- Super Lawyers
- The National Trial Lawyers Top 100 Trial Lawyers
- The American Association for Justice
Our firm also boasts a proven track record of success. We have recovered over $300 million for our clients, including multiple compensation packages worth tens of millions. When you work with us, you can rest assured that your case is in capable hands. While you focus on your recovery, we will focus on securing full and fair compensation on your behalf.
Comprehensive Services in Defective Drug and Medical Device Cases
We handle cases in state and federal courts nationwide, including complex multi-district litigation. In every case, we strive to provide the excellent legal counsel and representation our clients deserve. We also understand that each situation is unique. Accordingly, we always take a case-by-case approach, ensuring that each of our clients receives personalized attention and support.
Meirowitz & Wasserberg offers legal excellence with a personal touch. We have the resources needed to take on challenging cases against major corporations and insurance companies. We offer free evaluations and contingency fee arrangements, meaning you pay nothing unless we successfully recover compensation on your behalf.
Steps To Take If You’ve Been Affected by a Defective Drug or Medical Device
If you suspect a defective drug or medical device has harmed you or a loved one, it is important to take immediate action. Doing so is the best way to protect your physical well-being and your right to legal compensation. Take these initial steps:
- Talk to your healthcare provider to develop an alternative treatment plan so you can stop using the defective drug or device.
- Get a copy of your full medical treatment and billing records.
- If you have it, hold onto the drug or device in question, as it may serve as vital evidence.
- Document your symptoms, doctor visits, and expenses incurred due to the defective product.
- Contact a defective medical device or drug attorney as soon as possible to ensure you know your full legal rights and options.
The Importance of Seeking Medical Attention
Of course, protecting your health and well-being is the top priority. Seek immediate medical attention to diagnose and treat any adverse effects caused by the defective drug or device. Your medical treatment records will also serve as important evidence in your case.
Be sure to follow your doctor’s advice and attend all appointments. Failure to do so can give defendants ammunition to argue that you contributed to your own injuries and losses.
How To Gather Evidence and Document Your Case
Your attorney will need to prove your case by a preponderance of the evidence. Therefore, start collecting evidence as soon as you realize that you may have a defective product case on your hands.
- Collect all your medical records, prescriptions, and correspondence with healthcare providers.
- If possible, photograph the defective product or drug, its packaging, and any evidence of physical injury or infirmity you suffer.
- Write down the names, contact information, and any recollections you may have of potential witnesses, such as nurses or hospital attendants who were involved in your treatment.
- Keep a journal documenting your symptoms, medical treatments, and conversations with healthcare providers about the issue. A large part of your compensation may cover the pain and suffering caused by the defective product or drug. Therefore, also take the time to record the impact your injuries and infirmities have on your day-to-day life.
Contact a Lawyer for a Case Evaluation
The defective drug and medical device lawyers at Meirowitz & Wasserberg can assist you by collecting and evaluating all available evidence to build a strong claim on your behalf. The sooner you reach out, the sooner we can start a thorough, independent investigation of your case.
Again, we offer free evaluations and operate on a contingency fee basis. This means you pay nothing until we recover your compensation. Our skilled defective drug and medical device lawyers will assess the strength of your case, guide you through the legal process, gather evidence, and build the strongest case possible on your behalf.
Defective Medical Devices and Drugs FAQs
This section answers some frequently asked questions about defective medical devices and drugs. We hope it helps. Our defective medical device and drug attorneys are happy to address your remaining questions and concerns during your free consultation.
A defective drug or medical device poses an unreasonable risk to consumers due to design flaws, manufacturing errors, or inadequate user instructions. These defects can lead to serious health complications and sometimes even death. Injured parties or their surviving loved ones can seek legal compensation through a lawsuit.
You will need to establish causation by a preponderance of the evidence. Important evidence may include things like medical records, expert testimony, manufacturing protocols, design blueprints, and consumer safety studies. Our defective medical device and drug lawyers can help you gather evidence to build a strong case.
You may be eligible for compensation covering damages like medical expenses, lost wages, pain, suffering, and more. The amount of damages you receive will depend on the extent and severity of your injuries, the level of wrongdoing on the part of the defendants, and on the specific product liability laws in your jurisdiction.
The statute of limitations governing product liability lawsuits varies by state, but it is usually between one and four years. However, if your claim involves the wrongful death of a loved one, the deadline may be different.
Though certain exceptions may extend the governing deadline in your case, it is a very good idea to consult with an attorney before relying on them. Remember, if you miss the correct deadline, your claim will most likely be dismissed in court. Therefore, do not wait to take legal action.
Again, the term “mass torts” simply refers to injuries or losses suffered by multiple people due to a related wrongful act, such as widely distributing a medical product that endangers consumer health. Unlike class actions, mass tort lawsuits are normally handled individually. This also means that damages are calculated based on the unique harm suffered by each plaintiff.
Meirowitz & Wasserberg operates on a contingency-fee basis. This means you pay nothing unless we win your case. We also offer free consultations, so there is no disadvantage to having one of our attorneys review your claim.
Meirowitz & Wasserberg is a nationally recognized law firm that brings years of experience to the table. We also have specialized expertise in handling medical product and drug defect lawsuits.
We boast a strong track record of success and have recovered over $300 million for our clients. When you work with us, you can rest assured that your case will receive the individualized attention it deserves.
We believe in the high quality of our services. But you do not need to take our word for it. Explore our client testimonials.
Scheduling your free consultation is easy. Call us at (908) 998-2000 or fill out our online form to schedule yours.
Contact Meirowitz & Wasserberg Today to Schedule Your Free Consultation
Product liability is an extremely complex area of the law, and plaintiffs seeking compensation for defective medical products and drugs are likely to come up against powerful and combative defendants. That is why victims in these cases need a seasoned legal team fighting in their corner.
The attorneys at Meirowitz & Wasserberg have the skills, knowledge, and experience needed to handle your case from start to finish. If you or a loved one has been adversely affected by a defective drug or medical device, the time to act is now. Contact us today to schedule your free consultation.
AVAILABLE 24/7
Get Your Free Case ReviewNotable Results
$200,000
Personal injury settlement
$235,000
Slip and fall injury
$675,000
Product liability injury
$555,000
Premises liability injury
Nancy, New York (NY)
