When Medical Devices Cause Harm: Get Expert Legal Help in New Jersey
If a defective medical device has caused you severe pain, required revision surgery, or left you facing mounting medical bills, you need a legal team that understands the science, the regulations, and the courtroom strategies required to hold manufacturers accountable. For New Jersey residents and their families dealing with the fallout of a faulty or defective medical device, whether it’s a fractured hip implant, eroding surgical mesh, or a malfunctioning pacemaker, the clock is already running on your right to seek justice. New Jersey imposes a two-year statute of limitations on product liability claims, and every week of delay can mean lost evidence, fading medical records, and diminished legal options.
Contact Sarno da Costa D’Aniello Maceri Webb LLC today for a free case evaluation. There are no fees unless we recover compensation for you.
Why New Jersey Trusts Sarno da Costa D’Aniello Maceri Webb LLC
- Decades of complex litigation experience – Our law firm has represented injured patients across New Jersey in high-stakes product liability and medical malpractice matters for years
- No upfront fees, ever – Contingency fee arrangements are common for product liability attorneys, and we follow that model: you pay nothing unless we win
- Free initial consultation – Every potential client receives a thorough free consultation to evaluate case merits and discuss legal options
- Aggressive trial advocacy – We prepare every defective medical device case as if it’s going to trial, giving us leverage in settlement negotiations and proven results when cases reach a jury
Why New Jersey Chooses Our Firm for Defective Medical Device Cases
Defective medical device cases involve complex scientific evidence and product liability laws that most general practice attorneys simply aren’t equipped to handle. Our team brings specialized knowledge that makes a measurable difference in outcomes.
- Deep understanding of FDA regulations and approval processes – We know how the FDA’s 510(k) process allows devices to bypass rigorous testing by demonstrating substantial equivalence to existing devices, and we use that knowledge to expose weaknesses in manufacturer defenses. The FDA does not guarantee the safety of approved medical devices, and we make sure juries understand that.
- Network of medical and scientific experts – Successful representation in defective medical device cases requires access to medical and scientific experts. Many lawyers handling defective device cases work with a network of medical professionals and experts; we’ve built ours over decades of practice, including an in-house physician, biomechanical engineers, materials scientists, and board-certified surgeons who can testify to how a defective medical device involved in your case caused your injuries.
- Proven ability to challenge major medical device manufacturers – Financial backing is crucial for long-term litigation against major medical manufacturers. We have the resources and resolve to take on companies like Johnson & Johnson, Ethicon, Medtronic, and others, and we’ve demonstrated that willingness case after case.
Our Defective Medical Device Legal Services
We provide comprehensive legal representation for New Jersey residents harmed by defective products; specifically, medical devices that were supposed to improve health but instead caused serious injuries. Below are the primary areas of our defective medical device practice.
Hip and Knee Implant Litigation
Metal-on-metal hip implants and knee implants have been among the most widely litigated medical devices in recent years. Failures include early loosening, metal ion release (metallosis), corrosion, and device fracture, all of which can require painful and costly revision surgery. Stryker recalled LFIT V40 femoral heads in August 2016. Smith & Nephew recalled Journey BCS Knee System in October 2018. Exactech recalled knee and ankle replacement inserts in February 2022. Zimmer Biomet recalled shoulder replacements in December 2016.
We have experience pursuing defective medical device claims against major device manufacturer companies including DePuy, Zimmer, Stryker, and Smith & Nephew. Our clients typically seek compensation for medical expenses, including additional surgeries, lost wages, severe pain, and permanent disability resulting from device failure.
Surgical Mesh Complications
Surgical mesh products, including hernia mesh and transvaginal mesh, have caused devastating complications for thousands of patients. Such devices were designed to treat pelvic organ prolapse and stress urinary incontinence, but defective manufacturing and design flaws have led to mesh erosion, migration, chronic infection, and severe complications requiring corrective surgery.
In Hrymoc v. Ethicon, Inc., a New Jersey jury awarded $5 million in compensatory damages and $10 million in punitive damages for a mesh device under design defect and inadequate warning theories, demonstrating that New Jersey courts take these cases seriously and are willing to punish medical device companies for gross negligence. Punitive damages may be awarded for gross negligence, and our team builds every surgical mesh case to maximize recovery.
Cardiovascular Device Failures
Pacemaker malfunctions, IVC filter failures, battery failures, and heart valve defects can create life-threatening emergencies. Device migration, fracture, and blood clots are among the most dangerous complications. Medtronic recalled Strata MR valves and shunts in April 2017 due to safety concerns. Philips recalled millions of CPAP machines on June 14, 2021, affecting patients who relied on those devices daily; an issue our firm has tracked closely.
In the landmark Cornett v. Johnson & Johnson & Cordis Corp. case, the New Jersey Supreme Court addressed a defective stent that caused thrombosis leading to death, establishing important precedent for how failure-to-warn claims and preemption work in this state. Our cardiovascular device failure practice focuses on comprehensive compensation covering medical care, family support, and, in the most tragic situations, wrongful death claims.
How We Handle Your Defective Medical Device Case
The legal process for a defective medical device lawsuit is complex and involves regulatory analysis, engineering review, and coordination across multiple courts. Here’s what to expect when you work with our team.
Step 1: Free Case Evaluation and Medical Review
We begin with a comprehensive review of your medical records, device information, and treatment history. Defective medical device claims often require a thorough investigation of device records and treatment history. Led by Paul M. da Costa, our medical device attorneys consult with healthcare providers and independent medical professionals to establish the defect and causation, determining whether a design defect, manufacturing defect, or failure to warn patients about potential risks caused your injuries. We then explain your legal options and the compensation you may be entitled to pursue.
Step 2: Investigation and Legal Action
Our investigation goes deep: we examine manufacturer records, FDA adverse event reports from the MAUDE database, medical device recalls, medical literature, and internal company documents. Manufacturers are responsible for reporting adverse events post-approval, and we know where to find the evidence that proves they knew, or should have known, about the dangers. Manufacturers must update warnings when new risks are discovered, and when they fail to do so, we build cases around that failure.
We file your personal injury lawsuit and, where applicable, coordinate with ongoing litigation in multidistrict litigation proceedings. Defective medical device lawsuits can involve multiple liable parties from the device manufacturer to distributors and even healthcare providers, and we pursue every responsible party.
Step 3: Settlement or Trial Resolution
We negotiate aggressively toward a fair settlement, but we never shy away from trial when manufacturers refuse reasonable offers. Patients may receive compensation for both economic and non-economic damages. Economic damages include medical expenses and lost wages, while non-economic damages cover physical pain, suffering, and emotional distress. Our team provides ongoing support throughout your recovery and legal resolution, keeping you informed at every stage.
Proven Results in Medical Device Litigation
Law firms handling defective medical device cases often focus on specialized experience in product liability, and for good reason. The stakes are enormous, and the opposition has nearly unlimited resources. Our proven record includes:
- Multi-million dollar recoveries in defective medical device cases involving hip implants, surgical mesh, and cardiovascular devices
- Representation of injured patients in both individual actions and multi-district litigation against some of the largest medical device manufacturers in the world
- Recognition for aggressive trial advocacy, because a law firm that can actually go to trial has real leverage in settlement negotiations
In New Jersey courts, juries have demonstrated willingness to award substantial damages when scientific evidence proves defective design or inadequate warnings. The $15 million verdict in Hrymoc underscores what’s possible when cases are prepared with precision. Specific results are available during your free consultation; outcomes vary based on the facts of each case.
Areas We Serve Throughout New Jersey
We represent clients in defective medical device cases throughout the entire state of New Jersey, including:
- North Jersey: Newark, Jersey City, Paterson, Passaic, Hackensack, Bergen County
- Central Jersey: Edison, Woodbridge, New Brunswick, Middlesex County, Monmouth County
- South Jersey: Camden, Cherry Hill, Toms River, Atlantic City, Burlington County
- Elizabeth, Trenton, Morristown, and surrounding communities
With multiple office locations throughout New Jersey, we’re accessible to injured patients no matter where they live. We also handle cases in state and federal courts, including the District of New Jersey, which consistently ranks among the busiest federal courts for product liability claims involving medical devices.
Frequently Asked Questions About Defective Medical Device Cases
How do I know if my medical device is defective?
Patients may seek a defective medical device lawyer if they experience complications from a medical device, including unexplained severe pain, chronic infection, device migration, unexpected device failure, or the need for revision surgery. Key indicators that a defective medical device caused your injuries include FDA safety communications, medical device recalls, and clinical findings from your healthcare providers. Defects can be categorized as design or manufacturing defects; design defects render a product unsafe due to its basic design, while manufacturing defects occur as unintended consequences during production caused by manufacturing errors. Failure to warn of known risks can also constitute a defect. Consulting both medical professionals and a defective medical device attorney is the most reliable way to determine whether you have a viable defective medical device claim.
What compensation can I recover for a defective medical device injury?
Defective medical device lawyers help patients seek recovery for medical costs and lost wages, among other damages. Plaintiffs may recover economic and non-economic damages:
- Medical expenses: Past and future costs including revision surgery, physical therapy, corrective surgery, prescription medications, and ongoing treatment
- Lost wages: Income lost during recovery and diminished future earning capacity, including permanent disability
- Pain and suffering: Compensation for severe injuries, emotional distress, and the impact on your quality of life
Compensation depends on the specific facts of your case, such as the type of defect involved, severity of injury, and whether the manufacturer’s conduct warrants punitive damages. Manufacturers must ensure medical devices are safe and effective, and manufacturers can be liable for defective design or manufacturing when they fail that obligation.
How long do I have to file a defective medical device lawsuit in New Jersey?
Under New Jersey law (N.J.S.A. 2A:14-2), product liability claims must be filed within two years of when you knew or should have known about your injury and its connection to the device.
New Jersey applies a “discovery rule,” meaning the clock may not start until you reasonably discover the connection between your injuries and the defective device. This is critical for cases where device failure symptoms emerge gradually. However, delay is risky: waiting too long can result in lost rights, destroyed evidence, and weaker cases. Learn more about statutes of limitation in New Jersey medical cases.
Do you work on contingency for medical device cases?
Yes. We handle all defective medical device cases on a contingency fee basis, meaning there are no upfront costs, and we only collect fees upon successful resolution of your case. This arrangement ensures that seeking compensation for your injuries is never blocked by financial barriers. Your free case evaluation carries no obligation whatsoever.
Get Expert Legal Help for Your Defective Medical Device Case
Every day you wait is a day closer to the statute of limitations deadline, and a day further from the strongest version of your case. If you or a loved one has suffered serious injuries from a defective medical device, our team is ready to fight on your behalf against the medical device manufacturers responsible.
Sarno da Costa D’Aniello Maceri Webb LLC Call Paul M. da Costa today for your free consultation. Multiple New Jersey office locations, serving clients statewide.
