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Dangerous Drugs & Medical Devices Lawyer New York, NY

Dangerous Drugs & Medical Devices Lawyer New York, NY

Dangerous Drugs & Medical Devices Lawyer New York, NY

Do you believe you have been injured because of a dangerous drug or medical device? Have you recently read about a medical device recall, and you believe you have been directly affected as a user of that device? If so, please call a dangerous drug and medical devices lawyer New York, New York has to offer. These cases are time-sensitive, so please call Oddo and Babat, P.C., right away. 

Every year, thanks to research efforts and rapidly advancing technology, new medical devices and drugs are introduced to the consumer market. Many of these products are welcomed by doctors and patients. Although most do their job, effectively, there are those products that will fail to uphold their claims. Some products might offer enthusiastic claims that they will save lives. Others may promise to “fix” a medical condition. Yes, manufacturers may believe in their product; however, sometimes the information provided to medical professionals or the general public is lacking. In other situations, a product is rapidly brought to the market for one reason or another. In this case, limited testing and other hazards may cause problems. 

Whenever a scenario, such as one of the above, happens, the user of the product is the one that often suffers. As a  dangerous drug and medical devices lawyer in New York, New York might explain to you, rogue marketing practices or failed duties of care are reckless. It leaves users at risk for injuries or death and is unacceptable. If a medical device or medication caused you or a loved one harm, please call a  dangerous drug and medical devices lawyer in New York, New York, such as one from Oddo and Babat, P.C. 

Dangerous Drugs

Most people will take medication at some point during their life. When they do so, they are trusting the doctor, pharmacist, and/or drug company that the medication is safe for consumption or use. Even though many users will know that side effects are possible, most do not understand the extent of them. Others may have been misdiagnosed, misprescribed, or misinformed. When a person has been given the wrong amount of medication, did not understand the side effects, or was misprescribed, and harm resulted, a dangerous drug and medical devices lawyer in New York, New York should be consulted. The following medications (not exhaustive) are those that have resulted in both civil claims and lawsuits:

  • Adderall
  • Avandia
  • Celebrex
  • Cipro
  • Digitek
  • Fen-Pen
  • Gardasil
  • Ortho Evra
  • Paxil
  • ReNu
  • Seroquel
  • Viagra
  • Yasmin/Yaz
  • Zyprexa

A dangerous drug, such as any of the above, could cause many different side effects including:

  • Internal bleeding
  • Bleeding on the brain
  • Stroke
  • Collapsed lung
  • Breathing problems
  • Heart attack
  • Asphyxiation
  • Death

Defective Medical Devices

A medical device may be made with poor quality materials or failed sufficient testing. As a  dangerous drug and medical devices lawyer in New York, New York, we have handled cases involving:

  • Hernia mesh
  • Hip replacements
  • Knee replacements
  • Vaginal mesh
  • IUDs
  • Shoulder pain pumps
  • + More

 

Just like manufacturers of pharmaceutical drugs, medical device and implant manufacturers can also be held accountable for placing dangerous and defective products on the market. These manufacturers of a certain medical device or implant have similar responsibilities as drug makers. Manufacturers should be testing, studying, and evaluating their products before bringing them to market and commercializing them. Manufacturers may fail to adequately test their products and place the device or implant on the market despite any design flaws or deficiencies. Unfortunately, these types of defects can result in real harm to an individual. Sometimes this harm could result in serious injuries or even death as a result of any design defects, which means that these manufacturers can be held liable. Reaching out to a dangerous drug medical devices lawyer in New York, NY, could help to better understand what you or a loved one has been through in regards to a defective medical device or implant. Sometimes these situations aren’t always clear. For example, there are some instances where a device or implant is designed correctly, but it wasn’t manufactured in a way that was consistent with the product’s design. This is known as a manufacturing defect. The manufacturer can be held liable for that product if it causes an injury or death. 

Recent research has indicated that about 75% of medical device companies fail or never make it to market. It is a difficult task to bring a vision to market especially when this vision needs to go through manufacturing and testing these products. Sometimes the product fails to perform consistently, which is a very important factor when bringing a product to market to be used on a variety of patients. It is crucial to have a team of professionals to build, test, and market medical devices or implants. If rigorous testing is a key element to bringing effective and safe devices and implants to market. Too often do medical startups ignore putting their product through rigorous tests and rather choose to rush to the finish line so that they can get their product on the market and start earning revenue. An approved testing company with experience in medical device compliance should be involved when it comes to testing and testing should be happening throughout the manufacturing process. 

Additionally, the materials that are used should be high-quality. There is no substitute when it comes to manufacturing medical devices and implants. Unfortunately, manufacturers try to cut costs by using low-grade stainless steel, flimsy tubing, or poor-quality fittings and connectors. Lower quality components can have a significant effect on the product’s reliability and longevity. Manufacturers need to research vendors and visit the vendor before committing to a supplier of crucial components in their product. These products will be important to the well-being of a patient and providing only the best will ensure safety and reliability. Taking the necessary testing protocols is extremely important. Quality control is vital when making sure a medical device or implant will remain intact and function properly. Not doing the necessary steps involved in manufacturing will put patients at risk, not to mention put the manufacturer and medical company at risk for liable. Having a dangerous drug medical devices lawyer from a law firm like Oddo & Babat, P.C., could help you navigate who or what may have been at fault.

If you were recently made aware that a medical device you currently use or have used has been recalled, you likely have any number of questions about the recall itself and what it may mean for you. The process of responding to a medical device recall can be uniquely challenging, precisely because such recalls relate to urgent medical information and potentially hazardous consequences. You may have been harmed by the device already or maybe risking harm by continuing to use it. You also may have experienced harm that you cannot yet perceive. Regardless of the particulars of your situation, if your medical device has been recalled and you have questions, a New York, NY dangerous drugs & medical devices lawyer can help.

Medical Device Recalls

Medical device recalls usually take one of two forms. First, a company may issue a recall to correct a defect. For example, if a company that manufactures crutches realizes that a particular model has been produced with pins that can slide loose and increase the likelihood that the crutches will become unstable and lead patients to fall, that company may issue a corrective recall. Under such circumstances, a patient would be either issued the necessary corrective part or have their existing product fixed for free. Alternatively, a removal recall aims to take all affected products off the market. A removal recall also aims to have patients currently using an affected product stop using that product. Both kinds of recalls can become particularly tricky when they involve devices that have been implanted inside the bodies of patients.

When patients have been harmed by defective devices, they may be able to hold the manufacturers of those devices accountable for the economic and (certain) non-economic challenges they have experienced as a result of that harm. An experienced New York, NY dangerous drugs & medical devices lawyer can help to advise patients currently being affected by the recall of a device they are currently using or have used in the past.

Dangerous Device Guidance Is Available

If you have been harmed as a result of a defective medical device, please speak with a New York, NY dangerous drugs & medical devices lawyer affiliated with Oddo & Babat, before you sign any kind of settlement offer. When medical device companies realize that something is wrong with their products and initiate a recall, they often try to entice patients to sign away their right to sue by offering a very modest settlement. Oftentimes, these settlement amounts are completely inadequate with respect to covering a patient’s medical bills, lost wages, pain, and suffering, and other costs related to the harm a defective medical device has caused. Speaking with an experienced New York, New York dangerous drugs & medical devices lawyer before committing to a settlement offer will help to ensure that your legal options are preserved if an offer is inadequate and you would be better served by filing an alternative legal claim.

If a dangerous drug or medical device caused you harm, please call Oddo and Babat, P.C. today.

 

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