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Defective Medical Devices

Attorneys for Defective Medical Devices in New Jersey

Experienced Defective Medical Device Attorneys

Defective medical devices can cause significant, life-long injuries, and even death in patients who are unlucky enough to receive them. But who is held accountable for the damage caused by defective medical devices? The companies who manufacture them and the doctors who recommend them will not freely admit liability or wrongdoing. An accident attorney or injury attorney can fight for the rights of anyone who has suffered damages due to defective medical devices. At Gelman, Gelman, Wiskow & McCarthy, LLC, our experienced attorneys pursue and win cases built around defective medical devices in New Jersey.

What Is a Defective Medical Device?

A defective medical device is dangerous or harmful to patients due to a fault with the device. A fault can be caused by a manufacturing or design error, failure to warn users of proper use or risks, or failure to label the device effectively or according to law. A defective medical device could be a faulty surgical instrument, an implant, a pacemaker, or a prosthetic. Suppose a person undergoes surgery to have a faulty medical device placed or implanted or who uses a defective medical device. In that case, they can pursue a legal claim if they are injured as a result.

Your Rights if a Defective Medical Device Injures You

The U.S. Food and Drug Administration (FDA) oversees and monitors medical devices; however, they cannot prevent design flaws, manufacturing errors, user errors, marketing or labeling errors, or faults. While you have the right to file a lawsuit claiming damages due to a defective medical device, you may face stringent legal obstacles. You should hire a defective medical device attorney right away to preserve your rights and give you the best chance of a successful outcome. Your lawsuit can help you obtain compensation and recover damages due to injury from a defective medical device. These damages might include past, present, and future medical bills, lost wages, and pain and suffering.

Review the Process for Medical Device Recalls

A medical device recall occurs when the manufacturer gets notice that the device is defective, doesn’t perform as advertised, carries more risk than previously thought, or causes injury. The FDA has the right to issue mandatory recalls if a company refuses to remove the product from the market. The FDA can also issue a warning about risks or problems associated with a medical device. A defective medical device attorney will continuously research medical device recalls to ensure patient safety and protect patients’ rights.

Hire a Defective Medical Device Attorney

Hiring a defective medical device attorney will help you navigate the complexities of the legal process. An accident attorney will determine who to pursue as the defendant in the lawsuit, negotiate with other attorneys on your behalf, obtain necessary documentation and supporting statements, look for others who the same defective medical device has injured, represent you in court, look out for your best interests, and try to reach a settlement with or judgment against the opposing party. Defective medical device lawsuits can sometimes take years to resolve, with much time spent in court, depositions, medical appointments, and interviews. Your attorney will prepare you for the process and make sure you know exactly what to expect every step of the way.

Schedule a Consultation With Our Injury Attorneys

If a defective medical device injured you or a loved one, schedule a consultation with our injury attorneys in New Jersey. At Gelman, Gelman, Wiskow & McCarthy, LLC, we have been fighting for patient safety since 1950. With each defective medical device claim we pursue and win, we compel medical corporations, doctors, and medical device manufacturers to prioritize patient safety. Call or contact us online to schedule a free, one-hour consultation to find out how we can help you pursue a defective medical device claim.

  • In 2022, a year in which New Jersey courts were basically closed for trials, our firm still settled almost 100 cases for in excess of 8 million dollars.
  • Discuss the firm's 2022 settlements.
  • Results may vary depending on your particular facts and legal circumstances.
Our Offices
  • Elmwood Park Office
    One Broadway
    Elmwood Park, New Jersey 07470
    Phone: 862-263-0770
    Fax: 973-813-3360
  • Hackensack Office
    401 Hackensack Ave
    Suite 706
    Hackensack, New Jersey 07601
    Phone: 201-488-3366
  • Morristown Office
    19 Cattano Ave.
    Morristown, New Jersey 07960
    Phone: 973-922-3900
  • Roseland Office
    425 Eagle Rock Ave
    Suite 100
    Roseland, New Jersey 07068
    Phone: 973-274-5200
  • Bridgewater Office
    440 Route 22 E
    Suite 170
    Bridgewater, New Jersey 08807
    Phone: 908-927-0200