Warranty Claims in Medical Device Litigation
The failure of a medical device can be a highly complex matter, which often results in significant further damage to person who the device was implanted in. Our New York and Westchester products liability lawyers have experience in handling personal injury cases resulting from failures of medical devices.
If you have been the victim of a medical device which failed, whether it be a stent, plate or screw fixation device for a fracture or another medical device, it is important to ask your doctor to give you the device. Often, these devices are removed by the physician in a surgical procedure and replaced. However, as the patient, you do have the right to request possession of the failed device. It is important to have an experienced engineer inspect the device to determine whether any mechanical flaws or manufacturing defect played a role in causing the failure.
Even when a specific defect cannot be identified, there may still be a breach of warranty claim. Under the New York Uniform Commercial Code, any statement as to the quality of a product by a manufacturer create an express warranty and where there is a breach of that warranty, the manufacturer is liable for the resulting personal injuries. Typically, medical devices which are inserted into patients require approval of the U.S. Food and Drug Administration (F.D.A.). In the F.D.A. applications, the manufacturers make representations as to the function and strength of the product or device. These representations are relied upon by the F.D.A., in approving the devices for usage and by doctors in selecting the devices to treat their patients. Where the product fails or breaks under normal usage, there is an inference that the product failed to conform with the manufacturer’s representations of strength.
Damages in medical device litigation are also complex. In general the patients already have injuries and illnesses, which necessitated the device and medical treatment in the first place. So in a medical device litigation since the injured party was already injured or ill, the injured party can only recover for the damage actually caused by the device failure. In other words, damages can only be recovered for the further injury or worsening of the condition which was directly caused by the device’s failure, but not from the underlying condition. Our New York and Westchester personal injury attorneys have experience in documenting the further worsening or new injury caused by the device failure and can explain it in a meaningful way.
Typically in medical device and products liability matters, the defendant manufacturer is not from New York, so they try to remove the case to the Federal Courts based upon diversity jurisdiction. All of our New York lawyers are licensed to practice in the Federal Courts including the Southern District of New York and the Eastern District of New York. We have successfully fought removal motions and have also successfully litigated in the Federal Courts.
Our New York products liability lawyers regularly appear in all of the New York City Metropolitan area Courts including Manhattan, Bronx, Brooklyn, Queens, Westchester, Nassau and Rockland. We have successfully represented thousands of personal injury victims in accidents arising in the Bronx, Brooklyn, Queens, Manhattan, White Plains, New Rochelle, Bronxville, Mamaroneck, Ossining, Valhalla, Port Chester, Yonkers, Hartsdale, Valhalla, Mount Vernon, Scarsdale, Rye, Tarrytown, Greenburgh and Elmsford.
Consultations are always free and there is never a fee unless you recover.