NYC Defective Devices and Drugs Attorney
Have you or a loved one been harmed because of a defective medical device or drug? Contact Mirman, Markovits & Landau, P.C. immediately to discuss your legal options.
You may be entitled to a financial settlement or award, and our NYC personal injury lawyers can help you fight to maximize your recovery.
Our team offers a free consultation, so don’t hesitate to call our NYC law office to arrange a time to sit down with us today. We’re always here to take your call – 24 hours a day, seven days a week, every day of the year.
How Will Mirman, Markovits & Landau, P.C. Help Me If I’ve Been Injured By a Defective Drug or Medical Device?
Advances in science and technology have revolutionized medicine. Medical devices and pharmaceutical drugs give people a chance to live longer and cope with illnesses and injuries like never before. They’re game-changers.
However, sometimes these life-changing devices and drugs are rushed market before the risks are fully known. Other times, companies ignore the risks and urge consumers to buy them, anyway, in an effort to maximize profits. When companies put profits over your safety, bad things can happen. That’s why millions of Americans, many of whom live right here in New York City, have suffered devastating injuries and extensive harm.
If this has happened to you, or if you’ve tragically lost a loved one, you need to take action. Hold the company responsible for your defective device or pharmaceutical drug accountable. Call Mirman, Markovits & Landau, P.C. and have our NYC defective device lawyers fight to secure every last dollar you need and deserve.
At Mirman, Markovits & Landau, P.C., we have more than 200 years of combined experience helping injury victims in and around New York City. Our clients are like our family, so we do everything in our power to help them in any way that we can. Our aggressive tactics have helped us recover more than $1 Billion on their behalves. If you let us, we’ll fight to do the same for you.
As we navigate your defective drug or medical device case, we will:
- Determine if your device or drug has a history of defects or problems
- Research the history of your device or drug to identify potential hazards or issues that should have been disclosed to you
- Determine if your dangerous drug or device was recalled by the FDA or the manufacturer
- Establish the type of defect that that has caused your injury
- Work with experts who can help us understand the more detailed and technical aspects of your case, and
- Stand up to drug manufacturers, medical device companies, and insurance companies on your behalf as we attempt to negotiate a fair settlement.
Don’t trust your case to just any attorney. You need someone that Big Pharma and insurance companies will be afraid of. Someone they won’t risk going up against in court. At Mirman, Markovits & Landau, P.C., our record of success speaks for itself. With our qualified attorneys on the case, you can bet that you’ll get a fair settlement offer. If you don’t, our accomplished NYC trial lawyers will bring your case to a jury and work our magic in the courtroom.
How Do Defective Drugs and Medical Devices Get Sold in NYC?
Even though there is some federal oversight, medical device manufacturers and pharmaceutical companies are largely trusted to regulate themselves. The government trusts these companies to develop safe products, test them thoroughly, and make sure that the final product is as safe as possible. However, this doesn’t always happen.
Prescription medications must go through rigorous testing and get approval from the Food and Drug Administration (FDA) before they can be marketed and sold to patients in the United States. The application and approval process, alone, can take up to two-and-a-half years. When you factor in development and testing, it can take about 10 years to get a new prescription medication on the market.
You’d hope that at some point during this 10-year period a company would be able to identify all of the risks and hazards associated with a new drug. However, this isn’t always the case. It’s often challenging to see how new drugs will affect consumers in the long term. So, many times, drug companies are only aware of short-term risks related to their medications.
For example, proton pump inhibitors (PPIs) have been a popular acid-reflux medication for years. Now, however, we’re beginning to see that these drugs cause serious health issues, including chronic kidney disease and failure. These drugs are still being sold, despite evidence to suggest that they’re dangerous for long-term use. In fact, they can pose other threats, even when only used for a short period of time.
You might think that medical devices are subjected to the strictest scrutiny before they’re sold or marketed to patients. However, you’d be wrong. In fact, some medical devices are barely tested, at all, before they’re sold. How is that possible? It’s thanks to a loophole in the FDA’s clearance process.
That’s right – clearance, not approval. Many medical devices are cleared by the FDA, rather than approved. A device can be cleared under the agency’s 510(k) process if the company says that the device is substantially similar and just as safe as a device that’s already on the market. Here’s the catch – many 510(k) applications identify devices that were approved by the FDA before strict regulatory processes were implemented. Many times, these devices aren’t safe. However, that doesn’t matter. They’re on the market, so they’re fair game. In turn, new devices can get cleared by the FDA without rigorous testing. Patients who receive these devices ultimately become the real test subjects.
Medical Devices, Pharmaceutical Companies Held to High Standards in New York
Is this legal? Technically, sure. Is this okay? Not at all. Companies have an obligation to put design and sell products. If a product is defective, a company can be held strictly liable for resulting injuries under New York state product liability law.
There are three primary types of product defects:
- Design defect: a product is inherently dangerous because of its design
- Manufacturing defect: a product is defective because of the way it was manufactured or put together
- Marketing defect: a product is dangerous because the company failed to warn you about risks and hazards.
That means that you might have a legitimate claim for damages if you’ve been injured by a defective medical device or drug. Even better, you won’t have to prove that the company was negligent or knew that its product wasn’t safe. Rather, you just have to establish a defect and show how it hurt you.
We Handle All Defective Device and Drug Cases in New York City
At Mirman, Markovits & Landau, P.C., we understand how devastating an injury related to a defective medical device or drug can be. We know that the health consequences can be catastrophic – even fatal. That’s why we’re prepared to stand by your side as you fight to recover the compensation you need and deserve. We represent clients in defective device and drug cases involving:
- Prilosec, Nexium, and other proton pump inhibitors
- IVC filters
- Surgical mesh, including hernia mesh and vaginal mesh
- Metal-on-metal hip implants, and more.
If you’ve been injured because of a dangerous or defective medical product, give our NYC law firm a call. We’ll schedule a time to go over your case and answer any questions that you might have.
Damages Available to Injured Patients in NYC
Companies that sell defective or dangerous devices or drugs have to be held accountable if those products are not safe. When you file an injury claim or lawsuit, you can demand compensation for things like:
- Present and future medical expenses
- Pain and suffering
- Emotional distress
- Wrongful death
- Lost wages and income
- Loss of enjoyment of life, and more.
These cases tend to be quite nuanced and detailed. We’re skilled attorneys, but our personal knowledge of the technical aspects of your case is limited. But, we’re not afraid to ask for the help we need. We’ll bring in whatever experts are necessary to help us figure out why you got hurt, and just as importantly, what your case is worth. When we use the resources available to us, we can position ourselves to secure a substantial award on your behalf.
Statute of Limitations for Defective Medical Device and Drug Lawsuits
You will have a limited amount of time to file a lawsuit and hold a pharmaceutical company or medical device manufacturer responsible for your injuries. In New York, the statute of limitations for product liability lawsuits is three years. The clock doesn’t begin to run until you’ve discovered your injury. That might be the day you receive your implant or years after you’ve been taking a particular medication.
Once the statute of limitations begins to run, you will have to assert your rights. If you don’t file a claim on time, you’ll forfeit the right to obtain a financial award.
Let Our NYC Defective Device and Drug Attorneys Help You
When you’re harmed because of a defective medical device or drug, you may have the right to recover money for your injuries. Mirman, Markovits & Landau, P.C. will pursue compensation from anyone who might share blame – the drug companies, hospitals, nursing homes, or even doctors who failed to disclose known risks. Our New York City personal injury attorneys do whatever we can to get you the money you deserve. All you have to do is give our NYC law office a call to schedule a free consultation and learn more.