Products Liability Lawsuits:
Medical Devices & Prescription Drugs
We rely on our doctors to accurately assess our health and prescribe treatments that will improve our quality of life or give us better health. When a doctor fails, it may be medical malpractice.
But what about when the medical devices or prescription drugs themselves fail us? Just as we trust our doctors, we rely on the manufacturers of medical devices and prescription drugs. When medical products are unsafe due to defective manufacture or the company's failure to conduct required testing — a person who is injured as a result may be able to take legal action via a product liability lawsuit.
What Is a Product Liability Lawsuit?
"Product liability" is a legal phrase that describes the legal duty of a product's manufacturer to ensure the product is safe for its intended use. In a product liability lawsuit, the plaintiff claims financial compensation for an injury that could have been prevented if the company had designed, manufactured and tested its product with due regard for safety concerns.
What Type of Medical Devices and Pharmaceutical Products Are the Targets of Product Liability Lawsuits?
Medical technology has made incredible advances. Every so often, however, it comes to light that specific medical devices or prescription drugs are unsafe. Noteworthy examples include:
- Heart pacemakers manufactured by companies like Guidant and Medtronic
- Heart defibrillators manufactured by companies like Guidant and Medtronic
- Popular prescription medications such as Vioxx, Fosamax, and Accutane, among others
What Does a "Good" Products Liability Lawsuit Look Like?
Only a competent personal injury attorney can evaluate your specific case, with all the necessary medical information at hand to give an assessment. In general, however, an attorney will evaluate the potential of a lawsuit based on a defective medical device or a dangerous prescription medication by considering issues such as:
- Did the patient suffer serious injury caused by the medical device or prescription drug? Was the injury irreversible, or did the patient have to undergo surgery or treatment that would have been unnecessary otherwise?
- Does scientific evidence point to a defect in the design or manufacture of the medical device? Did the pharmaceutical company fail to conduct all tests required by the Food and Drug Administration (FDA)?
Andrew L. Weitz & Associates, P.C.:
A New York City Products Liability Law Firm
If you or a family member has questions about a possible products liability lawsuit based on a defective medical product or pharmaceutical drug, consult with a professional and reputable personal injury law firm for an assessment of your legal options.
Andrew L. Weitz & Associates is a small New York City law firm with a prestigious history. We are recognized in the legal community for our skill with difficult personal injury cases, including product liability lawsuits. Our successes with past lawsuits illustrate the ability of our attorneys to evaluate complex medical issues and to vigorously pursue compensation for those who have been wrongfully injured.
Learn More About Our Law Firm and About Products Liability Lawsuits
We are always available to provide a free and confidential case evaluation in products liability cases. We also welcome general inquiries about our law firm.
To schedule an appointment with one of our lawyers, call 866-647-9094 or 212-203-4862, or send us an e-mail.
Via the Information Centers on our Web site, you will find additional general information about personal injury lawsuits and about products liability lawsuits.
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