During the past 35 years, Nagel Rice LLP has had a high rate of success defending the rights of innocent victims of medical device defects. If you have been seriously injured by the very product that was supposed to greatly improve, or even save, your life, our capable, compassionate product liability attorneys are here to help.
During your initial free consultation, we will provide you with a frank evaluation of your case. If we think you have a viable claim and you become our client, we will fight vigorously to persuade the court that you deserve substantial compensation. And we will never charge you any attorneys’ fees until we win you damages.
Strict Liability
In spite of the extensive research and testing that goes into the development and production of medical devices, and the efforts made by the Food and Drug Administration (FDA) to make sure that these devices are safe, errors do occur. Under the principle of “strict liability,” such errors are considered the fault of the developer or manufacturer of the dangerous device, whether the problem was the result of negligence or not.
Examples of Defective Medical Devices
Tragically, as more innovative and complex devices are designed and manufactured to assist patients, more errors inevitably occur. Patients typically have medical devices implanted to treat chronic conditions or to make their lives easier, but sadly, some of these new devices cause them harm.
Examples of such flawed devices include:
- Silicone breast implants
- Pacemakers
- Hip implants and other artificial joints
- Artificial discs
- Vaginal mesh implants
- IVC (Inferior Vena Cava) filters
- Insulin pumps
- Drug-coated heart stents
- Defibrillators
- Intrauterine devices
- Implantable contraceptives
Whether you have suffered cobalt toxicity from your hip transplant or organ puncture as a result of implanted transvaginal mesh, Nagel Rice is here to fight aggressively on your behalf. Our dual goal is to obtain the maximum damages possible and to hold the responsible party — typically a large corporation — responsible for the harm you have suffered.
Why are medical devices with defects?
There are several reasons for the continued presence of defective medical devices in our hospitals and surgical centers, but the primary reason is greed. In commercial production, especially innovative products, there is fierce competition to manufacture products quickly in order to beat others to the punch. Too often, this means a rush to market that cuts corners by abbreviating testing procedures. In the end, this forces innocent individuals to pay for unjustifiable shortcuts.
What Can Go Wrong and When
A medical device can have defects and become dangerous at several points:
- During the design process when a particular detail of structure or function is not taken into account.
- During the manufacturing process when inferior materials are used or the assembly line is not under sufficiently careful supervision.
- During the marketing process when essential instructions or warnings are omitted from packaging.
It is also possible that the defect of the medical device may have, at some point, come to the manufacturer’s or distributor’s attention, but that the product was not recalled. In such egregious cases of misconduct, when the bottom line is prioritized above the health or life of patients, our skilled attorneys may be able to obtain punitive damages as well as economic and noneconomic (intangible) ones.
Services Nagel Rice Will Provide in Pursuing Your Medical Device Defect Case
Personal injury cases involving defective medical devices fit into the category of product liability. In order to win your case, our sharp attorneys must prove that:
- The product was in the same condition at the time of the injury as when it left the manufacturer.
- The product was the proximate cause of your injuries.
Other actions our product liability attorneys will take to strengthen your case include:
- Thoroughly examining police reports, forensic evidence, and medical data
- Interviewing witnesses
- Engaging the services of medical and mechanical experts to testify on your behalf
- Planning a customized litigation strategy
Nagel Rice attorneys are as experienced and well-credentialed as they come. We know precisely how to present evidence in the most persuasive way, as well as how to predict the defense’s counterarguments so that we can rebut them successfully.
Damages We Will Fight to Obtain for You and Your Family
At Nagel Rice, we know how awful it is to have to recover from a problem caused by a defective medical device. You have no doubt suffered emotionally and financially as well as physically during this ordeal, and you are entitled to substantial recovery. We will do our very best to obtain damages for:
- Medical and rehabilitation costs
- Lost income, present and future
- Replacement household costs
- Pain and suffering
- Permanent disability
- Permanent disfigurement
- Loss of consortium
- Final medical costs, funeral costs, loss of financial/emotional support (in case of wrongful death)
We realize how desperately you need time to relax and heal so we will take over all the heavy lifting.
Contact Our Medical Device Defects Attorney Today
We know that the wheels of justice turn slowly, so we want to begin tackling your case as quickly as possible. You can count on our product liability attorneys to protect you and your family by working tirelessly to try to provide you with the resources you need for a brighter, more secure future. Contact Nagel Rice LLP today for a free consultation.
Nagel Rice LLP helps their clients with their medical device defects claims throughout New Jersey including Bergen County, Essex County, Middlesex County, Monmouth County, Morris County, Passaic County, and Sussex County.