Defective Medical Devices

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NJ Defective Medical Device Lawyers

Representing NJ clients in medical products liability claims

Medical devices such as hip and knee implants, pacemakers, and birth control devices can improve the quality of life for some people when the device is working as it should. When a medical device is defective, it can cause devastating injuries that ruin the lives of the people who have them. When a defective medical device is implanted, or causes adverse reactions, sometimes additional surgeries are necessary to remove the defective device. If you or someone you care about has been injured because of a defective medical device, you may have grounds for legal action to recover compensation.

At Eichen Crutchlow Zaslow, we hold the pharmaceutical manufacturers accountable when their defective products cause injury and death to unwitting consumers. When these massive corporations prioritize profit over people, we make sure that the people who suffer injuries receive fair compensation for their losses. You are welcome to schedule a free consultation with an experienced New Jersey products liability lawyer to discuss your case today.

What is a products liability claim?

If you have a medical device implanted such as a replacement knee or hip, and you discover that the product is defective or is malfunctioning, you may consider taking legal action against the manufacturer to recover compensation for your injuries and other losses.

You would work with a knowledgeable New Jersey products liability attorney who will help you hold the responsible party liable for your injuries either through a settlement with the at-fault party’s insurance company or through a civil trial.

Types of product liability claims

There are three general categories for product liability claims based on what went wrong with the product to cause your injury:

  • Design defects. The product defect is related to the design.
  • Manufacturing defect. In these claims, the defect occurs in the process of making or building the item.
  • Marketing defect (also referred to as “failure to warn”). This defect is in the manufacturer’s failure to adequately warn the consumer about an inherent danger that could occur when the product is used according to instructions.

Medical device recalls

The Food and Drug Administration (FDA) recalls defective medical devices on a regular basis. Sometimes there have been reports of injuries. In other cases, insufficient test trials have come to light, calling into question the safety of the medical devices. When medical treatments do not have the expected effect or when a patient using a medical device becomes unexpectedly worse, or dies, it is reasonable to question the integrity of that device.

The FDA describes a medical device recall as the process of correcting or removing a product when a company discovers that there is a problem with it. Recalls occur when a defective medical device poses a risk to health, or when it is both defective and a risk to health. A recall might mean that the problem with the device can be corrected, but if it is a device that has been implanted in the patient’s body, the device manufacturers may direct doctors to contact the patient to discuss the risks of removing it or leaving it alone.

The manufacturer of the defective medical device can initiate a recall, or the FDA can require that a company issue a recall. The FDA may assign a recall classification, which indicates the relative degree of risk:

  • Class I: There is a reasonable chance that the product could cause health problems or death.
  • Class II: The product could cause a temporary or reversible health problem with a slight chance of causing a health problem or death.
  • Class III: The product is not likely to cause any health problems or injury.

The FDA maintains a medical device recall database, and it keeps the public informed through a weekly enforcement report, which contains updates about recalls. The FDA also published press releases and public notices about recalls, market withdrawals, and safety alerts.

According to the Association for the Advancement of Medical Instrumentation (AAMI), medical device recalls surged an unprecedented 126% encompassing 208 million units in the first quarter of 2018, which exceeds the total number of units recalled for the entirety of the previous year. AAMI reports that medical device software, which was responsible for 78 of the 343 recalls, is part of a trend. The next most common reasons for medical device recalls were:

  • Mislabeling (73 recalls)
  • Quality issues (46 recalls)
  • Being outside of specifications (33 recalls)

One of the issues with medical device software problems is because the devices are becoming increasingly complex and they rely on the software to function, but the software is increasingly susceptible to cybersecurity vulnerabilities.

Examples of defective medical devices

Potentially dangerous medical devices subject to FDA safety alerts and manufacturer recalls in recent years have included:

  • A range of knee, hip, and other joint replacement devices, including implants from DePuy Orthopaedics and Stryker Orthopaedics
  • Power morcellator, a medical device used during laparoscopic surgeries, increases the risk of the spread of undiagnosed cancerous tissue.
  • Defective cardio defibrillator and pacemaker implanted under the skin to treat irregular heartbeat
  • Arrow International Inc. (subsidiary of Teleflex Inc.), Multi-Lumen venous catheterization Set with Blue FlexTip ARROW Gard catheter
  • Certain Covidien Shiley adult tracheostomy tubes
  • Ikaria INOmax DS drug delivery system
  • Respironics Inc., Trilogy 100, 200, and 202 ventilators
  • Smiths Medical Medfusion Model 4000 syringe infusion pump
  • Mirena IUD
  • Transvaginal mesh implants
  • Hernia mesh implants
  • Bair IVC filters

Many others have been recalled in recent years. Other medical devices might be shown to be defective because of manufacturing defects, even if the devices do not appear on any recall lists. If you had surgery or were recently hospitalized, you might not even know what medical devices were used to treat you, but you have the right to know.

How do I know if I have a valid product liability claim in NJ?

You have the right to know whether you have a viable product liability claim against one or more responsible parties. You also have the right to know who made decisions that may have resulted in your injury caused by a defective medical device. Was the responsible party your doctor or a hospital administrator, a medical device manufacturer, or a government entity?

At Eichen Crutchlow Zaslow, LLP, we review potential medical malpractice and product liability cases on behalf of people who may have suffered serious harm because of negligence of another person or company.  Our NJ product liability attorneys will gladly answer all of your questions and discuss your potential injury claim and explain how we can help determine what your next step should be toward pursuing compensation for your injuries.

Hurt by a defective medical device? Call Eichen Crutchlow Zaslow, LLP

Eichen Crutchlow Zaslow, LLP provides legal advice and representation to clients in medical malpractice, personal injury, and wrongful death matters throughout New Jersey. Call our office at 732-384-1331 or contact us online to arrange a free consultation with an experienced New Jersey product liability lawyer at an office near you in Edison, Toms River, and Red Bank.

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Testimonials

I also WON lifelong FRIENDS!

"The list is LONG of the wonderful things that I can say about Barry, Maria (his assistant) & the rest of the folks that I had the HONOR of spending time with during my case. I brought my case to another lawyer that told me that I have no case, yet Barry was not only able to WIN, but he WON a substantial amount! Lawyers have awful reputations, but Barry defies every single one of them! Barry Eichen genuinely CARES about his clients!! NOTHING was too much to ask for – there was no such thing as too many phone calls! Without a doubt, I was in the BEST HANDS with Barry as my attorney! I not only WON my lawsuit, but I also WON lifelong FRIENDS!"

~ Client

Eichen Crutchlow Zaslow, LLP
5.0
2018-10-22T00:29:45+00:00

~ Client

"The list is LONG of the wonderful things that I can say about Barry, Maria (his assistant) & the rest of the folks that I had the HONOR of spending time with during my case. I brought my case to another lawyer that told me that I have no case, yet Barry was not only able to WIN, but he WON a substantial amount! Lawyers have awful reputations, but Barry defies every single one of them! Barry Eichen genuinely CARES about his clients!! NOTHING was too much to ask for – there was no such thing as too many phone calls! Without a doubt, I was in the BEST HANDS with Barry as my attorney! I not only WON my lawsuit, but I also WON lifelong FRIENDS!"

I have to say he is a great person.

"I had a bad accident back in June of 2015. My dad knows Barry. I have to say he is a great person. I was unsatisfied with some things that were happening with a previous lawyer and he made sure everything was fixed and I was satisfied. My lawyer Edward McElroy is great he answers emails in a timely matter even on weekends. I know they probably used to get annoyed with me calling all the time Lol. But I was just curious to what is going on with my case. Nicole, Ed’s secretary is great. She always responds back to my emails in a timely matter as well and even checks up on things with me from time to time. Barry recently became my mother and cousins Lawyer do to a bad accident they were involved in as well. I would highly recommend this firm. Thanks guys 🙂"

~ Client

Eichen Crutchlow Zaslow, LLP
5.0
2018-10-31T17:42:12+00:00

~ Client

"I had a bad accident back in June of 2015. My dad knows Barry. I have to say he is a great person. I was unsatisfied with some things that were happening with a previous lawyer and he made sure everything was fixed and I was satisfied. My lawyer Edward McElroy is great he answers emails in a timely matter even on weekends. I know they probably used to get annoyed with me calling all the time Lol. But I was just curious to what is going on with my case. Nicole, Ed’s secretary is great. She always responds back to my emails in a timely matter as well and even checks up on things with me from time to time. Barry recently became my mother and cousins Lawyer do to a bad accident they were involved in as well. I would highly recommend this firm. Thanks guys 🙂"

Mr. Zaslow is truly the best.

"The loss of my husband due to malpractice was and is devastating, Daryl took on our case and said, “Unfortunately I can’t bring your husband back but I can make sure that you will be ok financially,” and that is what he did , with compassion and dedication and always made feel like he had time for me, I never felt rushed or unimportant, I cannot say enough about how professional yet caring this office has treated me . Mr. Zaslow is truly the best at what he does and I can’t say enough about his secretary who not only kept me informed but listened to me during the most painful time of my life , all I can say is what a great team . Thank you Daryl for helping me . Thank you Heather for listening."

~ C.C.

Eichen Crutchlow Zaslow, LLP
5.0
2018-10-31T17:44:24+00:00

~ C.C.

"The loss of my husband due to malpractice was and is devastating, Daryl took on our case and said, “Unfortunately I can’t bring your husband back but I can make sure that you will be ok financially,” and that is what he did , with compassion and dedication and always made feel like he had time for me, I never felt rushed or unimportant, I cannot say enough about how professional yet caring this office has treated me . Mr. Zaslow is truly the best at what he does and I can’t say enough about his secretary who not only kept me informed but listened to me during the most painful time of my life , all I can say is what a great team . Thank you Daryl for helping me . Thank you Heather for listening."

Daryl Zaslow went to bat for him

"When, at age 44 my son suffered a massive Ischemic stroke, my greatest concern was how he would be able to live a normal life without the use of his speech and his arm. Daryl Zaslow went to bat for him and through his tireless efforts, his medical knowledge and his sincere concern for my son, Mr. Zaslow secured for my son a future not only without financial worries, but with hope and happiness. There are no words to express the thanks of our family to a great lawyer."

~ Client

Eichen Crutchlow Zaslow, LLP
5.0
2018-10-31T17:48:36+00:00

~ Client

"When, at age 44 my son suffered a massive Ischemic stroke, my greatest concern was how he would be able to live a normal life without the use of his speech and his arm. Daryl Zaslow went to bat for him and through his tireless efforts, his medical knowledge and his sincere concern for my son, Mr. Zaslow secured for my son a future not only without financial worries, but with hope and happiness. There are no words to express the thanks of our family to a great lawyer."

Very very pleased with the service and professionalism.

"Very very pleased with the service and professionalism of this law firm. I really felt that my case was very important to them and went to every length to achieve the best outcome possible. Or attorney really went to bat for me and his staff was very professional and courteous. Highly recommended. Thank you again for a great outcome !!"

~ M.M.

Eichen Crutchlow Zaslow, LLP
5.0
2018-10-31T17:51:39+00:00

~ M.M.

"Very very pleased with the service and professionalism of this law firm. I really felt that my case was very important to them and went to every length to achieve the best outcome possible. Or attorney really went to bat for me and his staff was very professional and courteous. Highly recommended. Thank you again for a great outcome !!"

This is a 5 star firm.

"Great firm took me right in and sat with me and understood my case, unlike other attorneys I had seen. This is a 5 star firm."

~ Client

Eichen Crutchlow Zaslow, LLP
5.0
2018-10-31T18:04:32+00:00

~ Client

"Great firm took me right in and sat with me and understood my case, unlike other attorneys I had seen. This is a 5 star firm."

I would highly recommend his firm.

"Mr. Eichen handled a motorcycle accident for me in 2002, as well as various other cases since that time. I have permanent injuries from that accident and he was able to resolve my case for the full policy limits and get me compensation as quickly as possible. I would highly recommend his firm."

~ Client

Eichen Crutchlow Zaslow, LLP
5.0
2018-10-31T18:07:23+00:00

~ Client

"Mr. Eichen handled a motorcycle accident for me in 2002, as well as various other cases since that time. I have permanent injuries from that accident and he was able to resolve my case for the full policy limits and get me compensation as quickly as possible. I would highly recommend his firm."
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