Defective Medical Devices/Products
Each year hundreds of new and different medical devices, including joint replacement components (knees, elbows, hips, ankles), cosmetic implants (chin, breast, buttocks, calf), and surgical instruments are placed on the market by medical device makers.
The Food & Drug Administration is supposed to be responsible for testing and approving each and every medical device for safety and efficacy. However, the truth is that the FDA is unable to carefully test and screen all such devices or surgical tools. In recent years, the approval process for medical devices has been accelerated as multi-national manufacturers motivated by the desire for profit have pushed harder and harder for fast device approval and less rigorous testing. Oftentimes, the FDA simply approves a new device, prosthesis, or implant on the basis of its "substantial similarity" to an already existing device.
We represent clients, and the survivors of deceased clients, who have suffered serious injury and/or death as the result of defective medical products. Successful claims against the makers of medical instruments, prosthetic devices and implants involve multiple experts, exhaustive investigation, and significant financial resources. At Nicholas C. Rowley we have the experience, resources and network of medical experts and investigators to successfully pursue such claims, whether the claim is on behalf of an individual client or a group (or a class) of plaintiffs injured by the same device.
If you, a member of your family, or a close relation have been injured by a defective medical device, it is critical that you speak to an attorney as soon as possible. Because cases involving defective medical devices are complex and expensive, and issues of federal safety and FDA approval may pre-empt state law, you should have an attorney who is experienced in the area. Finding and employing skilled legal representation in this type of case is key. We are prepared to determine whether the device, prosthesis, instrument or implant was properly designed and manufactured, whether appropriate and adequate warnings and instructions were provided to your physician, whether sufficient testing was done prior to placing the product on the market, and whether the manufacturer, in the hope of making substantial profit, over-promoted the safety, effectiveness or benefits of the device.
Call (310) 651-1712