Content Reviewed By:
John Richmond, Co-Founding Member
- October 29, 2024
When facing the fallout of a defective medical device, the sense of despair can be overpowering. It is times like these when you need an experienced product liability lawyer in New York by your side.
Our attorneys at Richmond Vona, LLC are more than just your legal advisors; we stand by you as your advocates, striving to navigate the labyrinth of legal complexities on your behalf. Coping with a health crisis is hard enough; the added stress of legal proceedings can feel almost unbearable.
This is where we step in, offering comfort, guidance, and most importantly, the unyielding pursuit of justice.
- Understanding Defective Medical Devices in New York
- Specific Issues Related to Defective Medical Devices: Health Implications and Legal Redress
- The Role of a New York Defective Medical Devices Lawyer
- Understanding the Statute of Limitations for Defective Medical Devices in New York State
- Contact a New York Defective Medical Devices Attorney Today
Understanding Defective Medical Devices in New York
A defective medical device refers to any instrument, machine, implant, apparatus, or piece of equipment that doesn’t function as intended or poses an unexpected risk to users. These devices can range from simple medical tools to complex, life-sustaining implants.
For instance, New York has seen its share of defective heart defibrillators, hip implants, surgical mesh, and insulin pumps, among others. When a medical device fails or functions improperly, the results can be devastating. Defective devices can cause serious injury, exacerbate existing medical conditions, or even result in death.
In addition to the physical harm, the emotional toll and life-altering implications can be staggering. Dealing with such circumstances requires not just medical intervention but also legal support to ensure those responsible for these defective devices are held accountable.
Defective Medical Devices in Court: A Real-Life Example
Medical devices, designed to improve quality of life or even save lives, can sometimes bring about the exact opposite effect when they malfunction. A grim reminder of this reality is the 2005 lawsuit against medical device maker Guidant Corporation.
This corporation faced allegations of hiding crucial information regarding a flaw in one of their heart defibrillators. The flaw in question could cause the implanted device to malfunction, potentially leading to fatal outcomes.
The company later settled with a victim for an undisclosed amount. Settlements for such cases – particularly when they are class-action lawsuits – can be very large depending on the harm caused.
Specific Issues Related to Defective Medical Devices: Health Implications and Legal Redress
Defective medical devices, unlike many other injuries or health issues, can have far-reaching implications for a patient’s health and well-being. A malfunctioning device can cause severe physical harm and, in some cases, even lead to loss of life. Furthermore, it can result in a significant deterioration in quality of life, both physically and emotionally.
A recent example of this is the case of metal-on-metal hip implants. Once touted as superior, these implants have proven risky. Their wear can cause metallosis, leading to inflammation, pain, and bone loss — complications that were often undisclosed to patients.
From a legal perspective, cases involving defective medical devices pose unique challenges. Establishing liability can be a complex process, often involving rigorous scrutiny of medical records, technical device specifications, and manufacturing processes.
Importantly, victims of defective medical devices may be eligible for compensation to cover various costs. These can range from medical bills and rehabilitation costs to lost wages, loss of earning capacity, and non-economic damages for pain and suffering.
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John Richmond has been extremely helpful on several occasions with matters we presented to him. I was very impressed with the exceptional diligence and professionalism he exhibited in successfully handling those issues. He took into consideration my thoughts and reasons behind the items I felt needed to be addressed. He went out of his way to make meeting with us a very convenient and pleasant experience. When our son required assistance with a custody issue we again went to Mr. Richmond. As it was an issue that was outside the scope of his expertise he did not hesitate to recommend another attorney in the field which was needed. That attorney was also exceptional and that case was also successfully resolved and for that recommendation we truly thank him. We will, beyond any doubt, utilize his firm and services for any matters that may arise in the future. I do not hesitate to highly recommend Mr. Richmond and his firm.
My experience with Richmond Vona was exceptional. Keith and John gave my case all the attention required to bring about a successful result. They were a calming and confident presence during a very difficult time in my life. I was never treated like a number, but more like family. They were in constant communication with me to make sure that everything I was going through was taken care of. I appreciate all of the support I received from Keith and John. I am proud to be part of the Richmond Vona family, and would highly recommend them to anyone
Let me be honest, I’ve been skeptical of attorneys in the past…. but Keith Vona and Richmond Vona, LLC changed that. They are professional, caring, thorough and trustworthy. They assisted me and my family with a challenging mesothelioma case. Challenging why, because my father passed before he could testify. Keith remained in contact, updated us regularly and I believe went above and beyond normal due diligence. I would highly recommend Richmond Vona, LLC. Thank you for all you have done for our family!!
The Role of a New York Defective Medical Devices Lawyer
Our legal team is equipped with the specialized knowledge necessary to tackle the intricate legal challenges surrounding defective medical devices. We understand the scientific and medical complexities these cases often involve. It’s our responsibility to ensure the legal process is as painless as possible for our clients.
Accumulating the evidence, from medical records to technical specifications, we meticulously build a compelling case. Our aim is to expose negligence and ensure corporations are held accountable for their actions. We understand that our work has life-changing implications for our clients and their families.
When it comes to negotiations with corporations and insurance firms, we’re unyielding. Our aim is always to secure the best possible outcome for our clients. Our tenacity ensures we’re a formidable force in any negotiation.
Understanding the Statute of Limitations for Defective Medical Devices in New York State
In New York, like every other state, the law places a limit on how long you have to file a lawsuit regarding defective medical devices. This is known as the statute of limitations. In general, you have three years from the date of injury to file a lawsuit.
This may seem like ample time, but it’s essential not to delay. The longer you wait, the harder it can become to gather evidence and build a robust case. Acting quickly gives your attorney the best chance of obtaining the most favorable outcome.
The exception to this three-year rule is the ‘discovery rule.’ This means that if you were unable to discover the injury right away, the clock doesn’t start until the date you discovered or should have discovered the injury. Understanding these legal intricacies is crucial in your journey to justice.
Contact a New York Defective Medical Devices Attorney Today
The damage caused by a defective medical device can be overwhelming. Not only do you have to deal with the physical consequences, but the emotional and financial impact can be equally devastating. Immediate action is critical.
In such trying times, don’t bear this burden alone. Let our experienced attorneys at Richmond Vona, LLC take the reins and fight for the justice you deserve. We understand what’s at stake and will work tirelessly to ensure your voice is heard.
Don’t let the clock run out. With the statute of limitations in effect, there’s no time to waste. Contact us today for a consultation and let’s start your journey to justice together.
