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Home > Personal Injury > Defective Product > Defective Medical Device

New York Defective Medical Device Lawyer

Modern pharmaceutical devices can seem almost miraculous and keep us alive when nothing else could. We rely on medical technology, trusting these devices while we are at our most vulnerable, assuming that they have been properly tested and will help us to heal. Sadly, this is not always the case. Defective medical devices can do immense harm to patients who are already in need of care, and companies who profit from the sale of these devices deserve to be held accountable for failing to ensure their safety. If you or someone you love has been injured by a defective medical device, seek help in obtaining the compensation you deserve. At Rusk, Wadlin, Heppner & Martuscello, LLP, our compassionate and knowledgeable defective medical device lawyer can fight on your behalf against the pharmaceutical corporations that sold a harmful device, so that you can focus on healing.

Failing to test a device sufficiently or falsifying test results can lead to injury

While medical device manufacturers provide a valuable service to the world, these large corporations can nevertheless become greedy. When medical device makers’ hunger for profit becomes more overwhelming than their desire to provide safe and effective products to people in need, these companies may rush products to market without sufficient research on safety, or even provide falsified or incomplete data in order to gain the approval of the Food and Drug Administration (FDA). Our attorneys will comb through reams of clinical trial documents and internal memoranda to determine what these companies knew and when, providing evidence that can be used at trial to demonstrate when corporations knowingly sold dangerous devices.

Off-label uses can result in big profits

When clinical trials are not as successful as anticipated for a particular drug or device, manufacturers often seek FDA approval for only a limited use of their product. Despite only having evidence of effectiveness or safety for one use, these companies will promote so-called “off-label” uses of a device among doctors, which is the use of a pharmaceutical product for a procedure for which it did not receive FDA approval. While doctors are legally allowed to use devices off-label, the manufacturers are legally barred from promoting these uses. However, they are a large source of profit for manufacturers. In fact, pharmaceutical companies will sometimes provide financial incentives to doctors who will themselves promote off-label uses among their peers, resulting in more purchases of the devices for these uses—and possible dangers for patients where the consequences of a device’s use have not been previously tested.

Help is Available for Injuries Caused by Defective Medical Devices

If you have been harmed by a dangerous medical device, or a loved one has suffered serious or even fatal injuries from a defective medical device, contact a skilled and trial-ready defective medical device lawyer at Rusk, Wadlin, Heppner & Martuscello, LLP for a consultation on your case, in Kingston at 845-331-4100, and in Marlboro at 845-236-4411.

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