The Law Office of Cohen & Jaffe, LLP can help if you suffered injuries due to a defective medical device in Long Island. Our attorneys will work to hold those responsible for the device liable for the harm their product caused. We can seek compensation for your medical bills, lost wages, and more.
Our Attorneys Can Help You Pursue Awards with a Product Liability Case
Product liability law offers those injured by defective or dangerous goods the right to seek monetary compensation for damages resulting from a defective product’s use. If a medical device caused you or a loved one injuries, our lawyers can help you pursue:
- The cost of your medical care: We can help you recoup your out-of-pocket expenses for treatments, including diagnostic testing, hospitalizations, surgeries, and medications. We can also calculate and pursue awards for your future care needs, such as rehabilitation services, long-term nursing care, and more.
- The value of your lost wages: If your injuries caused you to miss work, we can help you seek your back pay. We can also help you secure compensation for your loss of future earning capacity if you cannot return to work because of your injuries.
- Damages for your pain and suffering: Medical device injuries can cause physical pain and mental suffering. We can help you seek awards for complications, including stress, loss of sleep, chronic pain, and depression.
- Wrongful death awards: If your loved one died because of injuries caused by a defective medical device, we can help you seek compensation for their wrongful death. This may include awards for the deceased’s final medical care, burial and funeral expenses, the value of their financial support and services, and their pain and suffering.
As you can see, the damages you can seek in a product liability case are similar to those injured victims can pursue in premises liability lawsuits and other personal injury claims based on negligence laws. However, our Long Island premises liability attorneys point out that those injured on someone’s property might face the “comparative negligence” defense. In product liability cases, the evidence relevant to comparative negligence is a consideration in whether the plaintiff managed to make out a prima facie case. Since comparative negligence is a complex issue in defective product lawsuits, it is always best to work with experienced attorneys instead of going against the manufacturer alone.
We Will Help You Prove Your Injuries Resulted from a Problem with Your Medical Device
Problems with a product can arise anywhere between the product’s design stage to when it reaches the intended user. According to the Cornell Law School Legal Information Institute (LII), you must show that the medical device that caused you harm was defective in one or more of the following ways:
- Design: This is a defect that occurs even before the manufacturing stage. If your medical device had a defect in its design, then even if the product’s manufacturer made the device correctly, it would still cause harm to the user.
- Manufacturing: This is a problem occurring during the actual making of the medical device. Manufacturing errors can happen to every device or may affect only a handful of devices.
- Marketing: Marketing defects deal with how a device is sold to the consumer. A marketing defect may include issues like improper directions regarding the product’s use, lack of warning labels about possible dangers or side effects associated with the product, or a product’s failure to live up to claims made by those marketing it.
Our Lawyers Will Establish a Basis for Your Product Liability Case
In New York state, product liability cases rest on one of the following legal principles:
- Negligence: Negligence claims allege that a product’s designer, manufacturer, or seller failed to exercise a reasonable duty of care, resulting in a dangerous or defective medical device and harm to the user.
- Strict liability: This type of claim rests on proving a device is defective and the defect caused your injuries. You do not need to show that those responsible for the product behaved negligently. It is enough to prove the product is, indeed, harmful.
- Breach of warranty: With a warranty claim, you must show that your medical device did not perform in the manner guaranteed by the product’s warranty.
Our product liability attorneys will look into your medical device injury and determine the best legal claim for your case. We will obtain and review your medical records, consult with health care professionals, speak with experts in the medical device field, and locate witnesses who can testify about the design, manufacturing, or marketing of the device. We will work tirelessly to build your case and pursue the fair value of the compensation you deserve.
Our Attorneys Can Assist with an Insurance Claim or Lawsuit
We can assist you with a product liability insurance claim. We will handle your paperwork, track and follow claims deadlines, and submit proof of liability. We will also take care of communicating with the insurance companies so you do not have to. This saves you time and energy.
If we cannot settle your case through insurance, we can help you with a product liability lawsuit. You can sue as an individual but, if others suffered similar injuries from the same device, you may be eligible to participate in a class-action lawsuit. Our lawyers can tell you more about your options.
If your case goes to court in New York, it is bound by the state’s statute of limitations. According to CVP § 214(3), you have three years from the time your medical device caused your injuries to file a product liability lawsuit. If this time limit expires, the court will likely bar you from seeking compensation with a civil action.
Our Firm is Currently Engaged in Cases Regarding Several Defective Medical Devices
Our product liability attorneys already are assisting clients harmed by the following devices:
- Phillips Company CPAP& BiPap machines
- Defective Hernia Mesh
- Defective Hip Replacement
- Paragard IUDs
- Defective 3M earplugs
If you have injuries caused by these or any other medical devices or drugs, reach out to our firm to find out more about how we can help.
Contact the Law Office of Cohen & Jaffe, LLP Today
At the Law Office of Cohen & Jaffe, LLP, our legal team has more than a century of combined experience that we can put to work for you. Our Long Island lawyers have secured millions of dollars in settlements and verdicts for past clients.
When you choose our firm, you work directly with partners Richard Jaffe and Stephen Cohen. We even provide you with Richard Jaffe’s cell phone number so you have 24/7 access to our team. We are ready to help you fight for the compensation you deserve. To find out more, fill out our contact form or call our offices at (516) 358-6900 for a free consultation.
For a free legal consultation with a lawyer serving Long Island, call 516-358-6900