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Medical Device Injury FAQs

Medical Device Injury Lawyers Here to Help You Find Answers

When you receive a defective medical device or are injured after taking a dangerous drug, you and your family pay the price. If you or a loved one has been harmed by a poorly designed or poorly made medical device, you probably have a lot more questions than answers.

For answers to questions more specific to your situation, contact Trolman, Glaser & Lichtman to schedule a free consultation with an experienced medical device injury attorney. Call 212-750-1200, or contact our New York office via e-mail.

Frequently Asked Questions About Defective Medical Devices and Drugs

What is a medical device recall?

When a medical device is believed to be a risk to a person's health or is found to be defective, it is recalled. A recall does not always mean that an implanted medical device has to be removed. Learn more about how medical device recalls work on our medical device recall page.

What makes a medical device defective?

With most devices, there are three possible types of defects:

  • Design defects: Despite the best planning, sometimes designs have errors that are not discovered until after the devices have been made. Devices that are poorly designed can cause serious injury or death to patients who use them.
  • Manufacturing defect: Even though a device is safely designed, that does not mean the design is always followed when the device is made. Poorly made devices mean unsafe products are put on the market and can cause injury to patients.
  • Warning defect: Even when devices are safely designed and properly made, they can still be defective. Sometimes devices have potential dangers that the device manufacturer fails to warn users about. In those cases, the potential dangers could result in serious injury or death.

What if a medical device implanted in me has been recalled?

If your device has been recalled, you may be contacted by its manufacturer. The manufacturer may offer to pay for a new device or for subsequent surgery and try to get you to sign a release — before you understand the full extent of your injury. While such an offer may seem reasonable, do not sign anything until you speak with an experienced medical device attorney. Educate yourself about your options before you sign anything.

What should I do if I've been injured by a defective medical device or drug?

Seek medical treatment. It is important to talk to your doctor and find out how to treat your symptoms. After receiving treatment, talk to a lawyer to learn more about your rights. If a medical device or drug is poorly designed or poorly made or the manufacturer failed to warn about a potential danger, you may have a claim against it for your injuries.

If I took a drug that caused side effects, can I sue?

Unfortunately, it is not uncommon for pharmaceutical lawsuits to arise from injuries caused by a drug's side effects. Drug manufacturers, doctors and pharmacies are required to warn patients about potential risks and side of effects of a drug. If they fail to do so, then you might have a case against the drug company or your doctor. But if your doctor properly advised you of the potential side effects and you decided the drug was worth the risk, then you will not have a legal claim.

Do I have a claim if I was injured by use of a generic drug?

Under a recent U.S. Supreme Court ruling (Pliva Inc. v. Mensing), a lawsuit cannot be brought against a generic drug manufacturer simply because of a failure to warn. But the Supreme Court is reviewing these types of cases, and other claims may be possible. If you have been injured by a defective or dangerous generic drug, talk to an experienced pharmaceutical litigation lawyer to learn more about your legal rights.

Can I hire you even if I don't live in New York?

Generally when you are injured by a defective medical device or dangerous drug, the case is considered part of a mass tort action. Mass tort actions are usually consolidated with thousands of other cases and could be filed in any state. Even if it is filed outside of New York, we can work with other attorneys in that jurisdiction or be admitted for the limited purpose of handling your case.

Contact Trolman, Glaser, & Lichtman, PC

Trolman, Glaser & Lichtman, P.C.
747 Third Avenue, 23rd Floor | New York, NY 10017
| Phone: 212-750-1200 | Toll Free: 1-888-484-5529 | Fax: 212-980-4011 | Email | New York Law Office

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Contact trolman, glaser & lichtman, PC

747 Third Avenue, 23rd Floor | New York, NY 10017|Phone: 212-750-1200|Toll-Free: 1-888-484-5529|Fax: 212-980-4011|Email