Medical devices play a crucial role in modern healthcare, improving the quality of life for millions of patients. However, when these devices are defective or fail to perform as intended, they can cause severe injuries, complications, or even death. You may be entitled to compensation under New York law if you or a loved one has suffered an injury due to a defective medical device.
At Michael LoGiudice, LLP, we understand the complexities involved in medical device injury cases and are dedicated to helping victims hold the responsible parties accountable.
What Are Medical Device Injuries?
A medical device injury occurs when a patient suffers harm because a device meant to treat or diagnose a condition malfunctions or is improperly designed, manufactured, or used. Examples of medical devices that can cause injury include:
- Hip implants that fail prematurely, leading to severe pain and additional surgeries.
- Pacemakers that malfunction, causing heart failure or other life-threatening conditions.
- Insulin pumps that deliver incorrect dosages, leading to dangerous blood sugar levels.
- Surgical mesh is used in hernia repairs that deteriorate, leading to infection or organ damage.
Hypothetical Scenario of Medical Device Injury
Imagine a scenario where a patient in New York undergoes surgery to receive a hip implant. The implant was supposed to last for 15 years, but after only two years, the patient experienced severe pain and reduced mobility. After multiple doctor visits, it’s discovered that the hip implant has corroded, causing bone damage and requiring an additional, more complicated surgery. In this case, the patient may be able to file a medical device injury lawsuit against the manufacturer of the implant, the hospital that installed it, or both.
New York Law on Medical Device Injury
Under New York law, medical device injury cases fall under product liability, a subcategory of personal injury law. For a medical device injury case to be successful, certain conditions must be met:
- The device was defective: The defect could be in the device’s design, manufacturing, or labeling (failure to provide proper warnings or instructions).
- The defect directly caused the injury: You must prove that the defect, and not another factor, was the primary cause of your injury.
- You were using the device as intended: The injury must occur while the device is being used correctly, according to the manufacturer’s instructions.
New York has a three-year statute of limitations for filing medical device injury claims, which means you must file a lawsuit within three years from the date of the injury or discovery of the injury.
Who Can Be Held Liable for a Medical Device Injury?
In a medical device injury case, several parties could potentially be held responsible for your injuries, including:
The Manufacturer
Manufacturers are responsible for ensuring that their medical devices are safe and effective. If a defect occurs during the design or manufacturing process, the manufacturer could be held liable for the resulting injuries. For example, a hip implant that was improperly manufactured may degrade faster than expected, causing complications.
The Hospital or Medical Provider
In some cases, the hospital or the doctor who implanted or prescribed the medical device may also be held liable. This could happen if the device was implanted incorrectly or if the doctor failed to inform you about known risks associated with the device.
Sales Representatives
Sometimes, sales representatives of medical devices may pressure hospitals and doctors to use certain products, even if they may not be the safest option. If a sales rep provides false information about the safety of a device, they could also be liable for your injury.
Third-Party Testing Labs
In some cases, third-party testing facilities hired to verify a medical device’s safety could be liable if they fail to properly test the device and its potential risks.
Statistics on Medical Device Injuries
Medical device injuries are unfortunately common in the U.S. These injuries can range from minor complications to severe, life-threatening conditions.
- The FDA reported over two million reports of suspected medical device deaths, serious injuries, and malfunctions.
- A report by the U.S. Government Accountability Office found that over 83,000 deaths can be attributed to medical device malfunctions over a 10-year period.
These statistics highlight the importance of proper testing, manufacturing, and usage of medical devices to prevent harm to patients.
Conditions for Filing a Medical Device Injury Claim
To pursue a medical device injury lawsuit in New York, the following conditions must be satisfied:
- Prove Defect: You must prove that the medical device was defective, whether through poor design, faulty manufacturing, or inadequate labeling.
- Causation: The defect must have been the direct cause of your injury.
- Timeliness: You must file your claim within New York’s statute of limitations for medical device injuries, which is generally three years from the date of the injury.
- Expert Testimony: Medical device injury cases rely heavily on expert testimony to establish that the device was defective and caused the injury. Experts may include doctors, engineers, or product safety specialists.
Why You Need a Lawyer for a Medical Device Injury Case
Medical device injury cases are complex and often involve multiple parties, including large manufacturers and medical providers. These cases require extensive evidence, expert testimony, and knowledge of New York’s product liability laws.
At Michael LoGiudice, LLP, we have experience handling medical device injury claims and can guide you through the process of securing the compensation you deserve. From gathering evidence to working with expert witnesses, we are committed to building a strong case on your behalf. If you or a loved one has been injured by a defective medical device, contact us today to discuss your legal options.