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Defective Drugs & Medical Devices ATTORNEY IN BUFFALO, NY

Drugmakers and medical device manufacturers have a legal responsibility to put reasonably safe products on the market. Sadly, in far too many cases, companies rush to get their drug or device on the market without conducting proper testing or clinical trials.

At Richmond Vona, LLC, our Buffalo defective drugs & defective medical device attorneys are committed to protecting the rights and interests of injured victims and their family members. We know how to hold these large corporations accountable for their actions. If you were harmed by a dangerous drug or defective medical device, we are here to help. For a free, no obligation consultation with an experienced attorney, please contact us today.

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“He is a miracle worker. He found someone who knew my Dad who had passed away over 50 years ago. No easy feat. He works very, very hard for his clients. Knowledgeable and kind. I highly recommend him”

Colette M.

When Can Drug Companies and Medical Device Companies Be Held Liable?

Defective drug and medical device claims are product liability cases. Notably, New York recognizes three different theories as being grounds for bringing a defective product claim: negligence, strict liability, and breach of warranty. To recover damages under strict liability, the plaintiff must show that through the use of the dangerous drug or medical device, one or more of the following product defects were the cause of their injuries:

  1. Defective Design: The product is not reasonably safe even though it was feasible to design the product in a safe manner. If the design is defective, all of the products manufactured to that design will pose the same dangers to consumers.
  2. Defective Manufacturing: The product did not perform as intended due to a manufacturing flaw. The product that caused the plaintiff’s injuries may be found defective as compared with other products of the same design that did not cause harm.
  3. Failure to Warn: Sometimes a product can be properly designed and manufactured, but still have some dangers consumers should know about. A plaintiff may have a claim if the defendant failed to warn about a danger that is not obvious, even if the danger is from an unintended but reasonably foreseeable use.

Regardless of which theory you pursue, proving fault in a defective drug/defective medical device claim can be challenging. Successful cases require a comprehensive investigation. In most defective drug/medical device claims, the evidence is highly technical and expert witness testimony is required. If you or your loved one was harmed by a dangerous drug or medical device, contact us for immediate assistance with your case.

Both Keith and John were named to the Top 100 Civil Plaintiff Trial Lawyers in New York by The National Trial Lawyers.

John was named to the Top 40 Under 40 Civil Plaintiff Trial Lawyers in New York by The National Trial Lawyers three consecutive years in a row.

John and Keith were both selected as Upstate New York Rising Stars by Super Lawyers, a Thomson Reuters publication.

$100M Settlements

Keith has been involved in trial verdicts totaling in excess of $17 million and settlements valued at more than $100 million on behalf of his clients.

United States Marine Corps & Police Officer

Keith has served in the United States Marine Corps and worked as a police officer for the City of Buffalo, where respect and honor are two of the foremost values.

Recovering Financial Compensation for Injured Victims

Negligent drugmakers and medical device manufacturers can be held liable for the full extent of an injured victim’s damages. It is imperative that you carefully document your losses, as companies or corporations are notoriously aggressive when defending these claims and they will try to use any tactic they can find to minimize your recovery. At Richmond Vona, LLC, our experienced attorneys know how to help our clients get the complete compensation that they rightfully deserve. Through a civil legal claim, you may be eligible to recover for:

  • Emergency room care
  • Other medical bills and related expenses
  • Rehabilitative care
  • Loss of current and future wages
  • Pain and suffering
  • Emotional distress
  • Disfigurement
  • Long term disability
  • Reduced quality of life
  • Wrongful death of a loved one

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Defective Drugs & Medical Devices FAQs

What is the Statute of Limitations for a Defective Drug or Device Claim?

In New York, an action to recover damages for a defective drug or defective medical device must be filed within three years (N.Y. C.P.L.R. § 214). However, there are some exceptions. Notably, the statute of limitations does not start to run until the victim knew or should have known about their injuries. With dangerous drugs and medical devices, the harm is not always immediately discoverable.

Will My Case Be Handled as Part of a Class Action Lawsuit?

It is possible – but, in most cases, defective drug claims and defective medical device claims are actually filed as individual lawsuits.

Who Can Be Held Liable for a Defective Medical Device?

All negligent parties can be held liable for damages caused by a defective medical device. Common defendants include manufacturers, testing laboratories, marketing companies, medical sales representatives, and physicians.

At Richmond Vona, LLC, our legal team has extensive experience handling defective drug and defective medical device claims. We can get you and your family justice and full financial compensation. For a free, no obligation review of your personal injury claim, please call us today. From our office in Buffalo, we represent clients throughout Western New York, including in West Seneca, East Aurora, Cheektowaga, Hamburg, and Lockport.

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Firm operations continue uninterrupted during the Coronavirus. Current and prospective clients can reach our attorneys at their remote locations by phone call, text message, or email 24/7.