New York City Defective Drug & Medical Device Attorney
Defective & Dangerous Pharmaceutical Drugs & Medical Devices
Prescription drugs, over-the-counter medications, and medical devices are critical in the treatment of countless medical conditions. Unfortunately, many pharmaceutical companies and product manufacturers fail to properly test and regulate drugs and medical devices, instead allowing them to enter the consumer marketplace where they can then injure and even kill thousands of people every year.
If you were injured or if your loved one died due to a defective drug or medical device, you could be entitled to financial compensation for your damages. At Rubenstein & Rynecki, our New York City defective drug and medical device attorneys are committed to seeking the justice you deserve, as well as holding negligent pharmaceutical giants and other major product manufacturers accountable for the widespread harm they cause. We provide free initial consultations and contingency fees, so there is no cost and no risk in talking to us about your case today.
What Makes a Drug or Medical Device “Defective?”
Most pharmaceutical drugs and medical devices come with some inherent risk. However, side effects should never outweigh the potential benefits of a drug or medical device, and patients should be able to trust that a medication or device will work properly and as intended. Patients should also reasonably expect their physicians to provide adequate information about a drug or medical device—including potential risks and side effects—so that the patient can make an informed choice about their health and well-being.
Anytime these things do not occur, and the patient experiences injury or harm as a result, the patient may have grounds for a defective drug or medical device lawsuit.
Some examples of how pharmaceutical drugs and medical devices can be “defective” include:
- Design Defects: Design defects refer to inherent and unreasonable risks associated with a product. For example, if a metal-on-metal hip implant is designed in such a way that it can easily break once inserted in a patient, the implant may have a defective design. A prescription medication used to treat heart disease that frequently causes excessive and potentially deadly internal bleeding may also be unreasonably unsafe for normal use.
- Manufacturing Defects: If a pharmaceutical drug or medical device is safely and properly designed, but it is not manufactured correctly or a flaw is introduced during the creation of the product, it has a manufacturing defect. Examples include prescription medications that become contaminated during production, as well as medical devices that are created without certain components/parts.
- Labeling/Marketing Defects: When medications and medical devices are missing important information regarding side effects, instructions, safety warnings, etc., they can pose a serious risk to patients. This type of defect is known as a labeling defect. Marketing defects are similar; they occur when a product is advertised for off-label use, meaning uses that have not been properly tested. One example would be an anti-nausea medication frequently prescribed to treat morning sickness in pregnant women, despite having never been tested for this use.
It can be difficult to determine if a pharmaceutical drug or medical device was defective, and whether this was the cause of your injury. This is largely due to the fact that these products are used to treat or address existing conditions in a patient, and the patient may not recognize new or worsened symptoms as a sign of a defective drug or medical device.
One way to tell if a medication or device may be defective is to research whether it has ever been recalled. Many companies will recall products (whether voluntary or compulsory) that have been determined to be unsafe for consumers. However, even if a product has never been recalled, it may still contain a defect or flaw. Contact our New York City defective drug and medical device lawyers at Rubenstein & Rynecki to learn more.
Types of Defective Drug & Medical Device Cases We Handle
At Rubenstein & Rynecki, we have represented clients who have suffered significant injuries and harm due to defective drugs and medical devices, as well as the surviving family members of individuals who died as a result of taking unsafe medications or receiving faulty medical devices.
We routinely handle defective drug and medical device cases involving the following companies and products:
- Composix Kugel Mesh Hernia Repair Patch
- DePuy hip replacements
- Medtronic Sprint Fidelis Defibrillator Leads
- Mirena IUD
- Transvaginal mesh
- Zimmer Durom Cup Hip Replacement
- Synthes Synex 11 central body components
- Denture Cream
- Propylthiouracil (PTU)
- Stevens-Johnson Syndrome drugs
If you or someone you love received one of these devices or took one of these drugs and suffered injury, harm, or death, contact Rubenstein & Rynecki. We can help you understand your legal options and advise you on how to proceed.
Filing a Defective Drug or Medical Device Lawsuit
Negligent pharmaceutical companies and manufacturers can and should be held accountable when their products cause injury or harm. When it comes to filing a product liability lawsuit against a manufacturer, distributor, or another liable entity, you typically do not need to prove that the defendant acted negligently. Instead, most manufacturers are considered strictly liable when their products harm innocent consumers.
In some cases, however, you may have grounds for a claim on the basis of negligence or even breach of warranty, whether expressed or implied. Our New York City defective drug and medical device lawyers can evaluate your claim and help you build a solid case designed to maximize your recovery. Depending on the specifics of your situation, we may help you file a claim for damages or an individual lawsuit, or we may assist you in taking part in a class action lawsuit or mass tort.
In every instance, our team works to build the most powerful, effective, and cost-efficient cases possible for our clients. We have an open-door policy and are happy to assist you whenever you need us. From our office in Brooklyn, we proudly serve clients throughout New York City’s five boroughs and the surrounding areas.
Request a Free Case Evaluation Today
A defective drug or medical device can cause serious injury, worsen a patient’s condition, or even lead to death. At Rubenstein & Rynecki, we are here to represent you and your rights against the best interests of major pharmaceutical companies and drug manufacturers. We provide complimentary consultations and contingency fees, meaning you do not owe anything unless/until we recover a settlement or verdict for you.
Our attorneys assist clients in English, Spanish, Russian, Romanian, Greek, and Creole. We bring nearly 50 years of experience in handling complex personal injury litigation to every case, as well as a commitment to meeting the unique needs of each individual client.