When you receive a medical device implant or treatment, you trust that it will improve your health and quality of life. Medical devices such as hip implants, pacemakers, surgical mesh, and contraceptive devices are expected to undergo rigorous safety testing before being used in patients. Unfortunately, some medical devices are released with serious defects that can cause devastating injuries, multiple surgeries, and long-term complications.
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If you or a loved one has been injured by a defective medical device in New York, the experienced attorneys at the Porter Law Group are here to help you fight for the compensation you deserve.
Medical device litigation is one of the most complex areas of product liability law. These cases involve intricate medical records, federal regulations, and aggressive, well-funded legal defense teams hired by major manufacturers.
At the Porter Law Group, our skilled legal team has successfully recovered substantial compensation for clients injured by defective medical devices across New York State. We work with leading medical experts, engineers, and researchers to build compelling cases that hold manufacturers accountable for putting dangerous devices inside patients' bodies.
We offer free, no-obligation consultations and work on a contingency fee basis—meaning you pay no fees unless we win your case. Contact us today at 833-PORTER9 or email info@porterlawteam.com to learn how we can help.
New York applies strict liability principles to defective medical device cases, as established under Codling v. Paglia. This legal framework eliminates the need to prove manufacturer negligence. Instead, you must show:
This approach recognizes that medical device manufacturers are in the best position to ensure product safety and should bear responsibility when devices fail inside a patient’s body.
New York law recognizes three categories of defects that may form the basis of your claim:
Design Defects: These are inherent flaws in the device's design that make entire product lines unsafe. Examples include transvaginal mesh with high erosion rates, hip implants that shed toxic metal debris, or IVC filters prone to migration and fracture.
Manufacturing Defects: These occur during production when specific devices deviate from their intended specifications. Examples include contaminated surgical instruments, improperly assembled pacemakers, or surgical mesh with weakened polymer structures.
Marketing Defects: These involve inadequate warnings about known risks. Under New York's learned intermediary doctrine, manufacturers must provide adequate warnings to physicians, who then inform patients about device risks. Failure to warn doctors about serious complications can form the basis of a defective device claim.
The Riegel v. Medtronic Supreme Court decision establishes that FDA approval can shield some medical devices from state law claims through federal preemption. However, New York courts permit claims alleging:
For example, plaintiffs injured by Essure contraceptive devices overcame preemption defenses by showing that Bayer withheld key safety data from the FDA.
Multiple parties in the medical device supply chain can be held responsible for defective device injuries:
Device Manufacturers: Bear primary liability for design flaws, production defects, and failure to adequately warn about device risks.
Component Suppliers: Can be held liable for defective materials or parts used in medical devices, such as faulty polymers in surgical mesh or contaminated metals in implants.
Healthcare Providers: May face medical malpractice claims for improper device implantation, failure to obtain informed consent, or negligent post-operative care.
Hospitals and Surgery Centers: Can be liable for using recalled devices, failing to track device performance, or improper sterilization of reusable equipment.
New York participated in over $8 billion in global settlements resolving claims against major mesh manufacturers:
Johnson & Johnson/Ethicon: $117 million multistate settlement for deceptive marketing of pelvic mesh devices that caused severe erosion, pain, and sexual dysfunction in thousands of women.
Boston Scientific: Substantial settlements for transvaginal mesh products that required painful removal surgeries and caused permanent complications.
Recent 2025 studies showing that polypropylene mesh degrades within 60 days of implantation have strengthened design defect claims and led to additional litigation.
Inferior vena cava (IVC) filters designed to prevent blood clots have caused thousands of injuries:
Cook Medical: 6,984 pending cases in federal court involving filter migration, perforation of organs, and device fracture leading to life-threatening complications.
C.R. Bard: Confidential settlements for 8,600 cases alleging filter fragmentation that migrated to patients' hearts and lungs, resulting in embolisms and death.
Bayer's $1.6 billion settlement resolved 90% of claims alleging that Essure coils caused:
New York plaintiffs successfully argued failure to warn claims despite FDA approval, citing evidence that Bayer suppressed clinical trial data showing high complication rates.
DePuy ASR Hip Settlement: $2.3 billion settlement included New York patients who developed metallosis from cobalt-chromium debris shed by defective hip implants leading to painful revision surgeries.
Stryker Hip Component Cases: Ongoing litigation in the Eastern District of New York involves ceramic fractures in Stryker models, with 142 cases pending as of 2025.
Defective medical devices can cause catastrophic injuries requiring multiple surgeries, permanent disability, chronic pain, and lifelong medical care. If you've been injured by a defective medical device, you may be entitled to compensation for:
In cases involving particularly egregious manufacturer conduct—such as hiding safety data or continuing to market devices after discovering serious risks—punitive damages may also be awarded. Recent New York awards have reached up to $2 million in severe mesh erosion cases.
If you were injured due to a defective medical device, don’t delay. Contact the Porter Law Group for a free consultation, and learn about your legal options from an experienced product liability lawyer. View our results and see how we’ve helped many previous clients in complex personal injury cases throughout the State.
New York's statute of limitations for medical device cases is generally three years from injury discovery under CPLR §214. However, the timing can be complex:
Given these complexities and the time needed to properly investigate medical device cases, it's crucial to contact an attorney promptly after discovering device-related complications.
Q: How do I know if my complications were caused by a defective medical device?
Signs include unexpected pain, device migration, infection at the implant site, or complications that your doctor says are unusual for your type of device. We can investigate whether your device has known defect patterns or recall history.
Q: Can I file a lawsuit if the FDA approved my medical device?
Yes, in many cases. While FDA approval can complicate claims, we can pursue cases involving manufacturer fraud during approval, violations of FDA requirements, or failure to report known risks to the FDA.
Q: What if my doctor says the device is working properly?
Device issues may not be immediately visible, even to physicians. We work with independent medical experts who specialize in device complications and can provide objective assessments of your condition.
Q: Do I need to have the device removed to file a lawsuit?
No. You can file a claim whether the device is implanted, revised, or removed. However, devices that are surgically removed should be preserved for expert analysis.
Q: What if I signed a consent form before my device was implanted?
Informed consent forms don't protect manufacturers from liability for defective devices. These forms relate to known surgical risks, not undisclosed device defects or inadequate manufacturer warnings.
Q: Can I join a class action lawsuit for my medical device?
Medical device cases are often handled as individual lawsuits or coordinated proceedings rather than traditional class actions because injuries and damages vary significantly between patients.
Q: How long do medical device cases typically take?
Timelines vary greatly depending on case complexity and whether it goes to trial. Some cases settle within a year, while others involving complex medical issues may take several years. We'll keep you informed throughout the process.
Q: What if the manufacturer claims the device was properly implanted?
Even if the procedure was performed correctly, you may still have a valid claim if the device itself was defectively designed or manufactured. We investigate all potential sources of liability.
Suffering from an Injury Caused by a Defective Medical Device in New York?
Reach out to our experienced team for a free consultation.
The lawyers at the Porter Law Group have decades of experience representing individuals and families whose lives have been devastated by catastrophic injuries. We have obtained some of the largest settlements and verdicts in courts throughout the State of New York. We are a state-wide firm that handles cases with a hometown feel.
Our clients come to us looking for guidance and answers. With seasoned trial lawyers, the Porter Law Group has the resources necessary to help you navigate the most complex cases, against goliath insurance companies that will stop at nothing to prevent you from receiving the compensation you deserve.
You only get one chance to hire the best lawyer for you and your family. Hire the lawyers most recommended by former clients and local attorneys, and the firm that obtains superior results.
When you or a loved one’s life has been devastated by a serious personal injury in New York, don’t hire a lawyer without calling the Porter Law Group to learn why so many of our clients are thankful they trusted us with their case in their time of need.
At the Porter Law Group, we understand that medical device injuries represent a profound betrayal of trust. When you receive a medical device, you're placing your faith in manufacturers to prioritize patient safety over profits. When they fail in that responsibility, we're here to hold them accountable.
Medical device litigation requires specialized knowledge of complex medical and regulatory issues. Our experienced team has the resources and expertise to take on major device manufacturers and fight for the compensation you deserve.
Don't let manufacturers escape responsibility for the harm caused by their defective devices. Your injuries matter, and you deserve answers and compensation for the pain and suffering you've endured.
Take advantage of a free case evaluation by calling 833-PORTER9 or emailing info@porterlawteam.com. We proudly serve clients throughout New York State and are ready to help you pursue justice against those responsible for putting dangerous devices in your body.
*Prior results do not guarantee a similar outcome.
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