Jacob D. Fuchsberg Law FirmClass Action Product Liability

New York Defective Medical Device Lawyer

If you were injured by or have complications from medical equipment, a medical device attorney can help you file a suit for compensatory damages. Contact our experienced litigators for a free case review today!

The Jacob D. Fuchsberg Law Firm team
The Jacob D. Fuchsberg Law Firm team
The Jacob D. Fuchsberg Law Firm team

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Our Notable Personal Injury Verdicts & Settlements

Personal Injury


52-year old recovers award

Personal Injury

$1.5 Million

Rear-end auto collision leaves 63-year-old Long Island man with herniated discs

Personal Injury

$2.15 Million

Serious injury in auto accident caused by a vehicle who crossed over double lines

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Your Trusted Defective Medical Device Attorneys in NYC

Your Trusted Defective Medical Device Attorneys in NYC

The legal team at Jacob D. Fuchsberg Law Firm provides compassionate representation for our clients harmed by the medical apparatuses they trusted to heal them. These medical devices can be implanted in your body to provide great benefits, but when they malfunction, you may be vulnerable to harm. As your medical device law firm, we work tirelessly to hold these negligent companies accountable for releasing defective products to vulnerable consumers. 

Our New York medical device failure attorneys have the resources and experience to help clients harmed after a health device failure.

When we represent you, we will:

  • Conduct a thorough investigation into your case
  • Collect and review documents to prove the company’s liability
  • Seek expert opinions about the cause and extent of your injuries
  • Properly value your case to get you the compensation you deserve
  • Negotiate with the other party’s insurance company for a fair settlement

If the other party and their insurance company won’t offer a fair settlement for your medical bills and other compensation you’re eligible for, we will take your case to trial and stand by your side every step of the way.

Defective Medical Devices Cases We Handle

Any apparatus or equipment that facilitates medical treatment qualifies as a medical device; it doesn’t have to be implanted to do harm.


Medical malpractice occurs when a medical professional or institution fails to provide medical care and treatment in accordance with accepted standards and this failure leads to an injury, illness, or worsening of the victim's condition. Sadly, medical negligence and malpractice sometimes lead to brain injuries, including in the following contexts:

Transvaginal Mesh

A transvaginal mesh is an implanted device for women with a weak pelvic floor. However, this mesh has been known to separate and damage organs. The affected areas may cause a serious infection and/or impact a woman’s ability to sustain a pregnancy.

Philips CPAP, BiPAP, and Ventilator Devices

Philips breathing machines may contain toxic foam, leading to respiratory illness or cancer over time. Since these machines are designed to be used for several hours each day, many users may expose themselves to high levels of carcinogens.

Other Medical Device Lawsuit Cases

Medical malpractice occurs when a medical professional or institution fails to provide medical care and treatment in accordance with accepted standards and this failure leads to an injury, illness, or worsening of the victim's condition.

Sadly, medical negligence and malpractice sometimes lead to brain injuries, including in the following contexts:

  • Essure
  • IVC filters
  • Power morcellators
  • Hip implants (Biomet, Zimmer Durom Cup, Smith & Nephew, and Stryker)
  • Wright hip replacements
  • Breast implants
  • Hernia mesh
  • DePuy hip replacements
  • Implanted defibrillators

If you've suffered an injury from an apparatus not on this list, our attorneys will still be happy to help.

Get Justice When a Defective Medical Device Injures You or a Loved One

At Jacob D. Fuchsberg Law Firm, we help patients just like you seek compensation for your medical bills and the pain of your injuries.

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What Defects Can Make Medical Devices Dangerous?

There are many ways that a healthcare device could malfunction. Sometimes, the design of the device is fundamentally flawed. Other times, a problem in manufacturing could render an otherwise safe device harmful.

Defective Design

Some manufacturers may be too quick to approve an innovative piece of medical equipment without running enough tests. Sometimes, the FDA fast-tracks approval if the design is very similar to other models on the market, which could result in design defects going unnoticed.

Manufacturing Defect

The design for a device may be sound, but a problem in the manufacturing process could result in enough of a deviation from the original design that the product is unsafe. Sometimes, a manufacturer catches the problem during quality control testing and recalls the defective devices. Unfortunately, this isn't always the case, and dangerous products are released to the general public.

Failure to Announce Risks

The risks of using a medical device must be clearly marked and communicated to users and medical professionals who would recommend the device. When these risks aren’t communicated, a healthcare provider may recommend a product they don’t realize is unsafe.

Common Injuries from Defective Medical Devices

Some of the most common injuries people suffer from a faulty medical device include:

  • Nervous system damage
  • Permanent disability
  • Chronic pain
  • Infections
  • Stroke or heart attack
  • Organ loss
  • Bone or tissue damage
  • Incorrect IV dosages

These are not the only ways a malfunctioning medical device might harm someone. Ask one of the New York medical device attorneys at Jacob D. Fuchsberg Law Firm if your injuries qualify you for a suit.


Our Clients’ Reviews


I cannot rate the firm any higher! we are extremely happy with the service we received from Brad, Chris and the team. We are northern Irish citizens and as such had no experience of the US justice system, Chris and Brad helped us navigate this and made sure we understood every step of the process and we were kept informed of what would happen with the case.

We also felt that Brad and Chris had a genuine interest in our story, what the implications for us as a family were and they were genuinely invested in how they could help our situation.

We were reassured by the manor in which Chris and Brad dealt with us and trusted that the advice we were given was always well balanced and in our best interests. We were extremely happy with the outcome the firm achieved for us and feel that we only got this outcome due to the hard work of Chris and Brad. I would not hesitate to recommend the firm to anyone who is considering a case and wants to feel as though they are really valued as a client.

Many thanks to the firm for all of their hard work on our behalf it truly is appreciated.

Leanne Montgomery




Let’s go to the beginning when I realize that I was going to need legal assistance because I was shocked that I was actually injured I called my fiancé and told her that I was going to need a lawyer, so she googled the top 5  personal injury law firms in NY and The Jacob Fuchsberg Law Firm came up. One of the representatives from the firm took the time to come personally to my home to see me, that immediately showed me that I was going to be able to make it through my pain and suffering they understood what I was going through and with patience, persistence, and diligence they were able to get the best results possible in settling my case. I highly recommend the Jacob Fuchsberg Law firm when the unexpected happens you will not be dissatisfied with the kind, courteous and professionalism that you would expect from a law firm.

Keith Middleton




Very satisfied with the representation I was given from this law firm.  I would recommend Fuchsberg to anyone with a unique situation such as mine. My attorney went above and beyond to ensure everything was done thoroughly and in a timely manner! Everything about this firm exceeded my expectations! Very special thank you to Chris,  Allison, and Brad!

Marie Price



Our Clients’ Reviews

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Contact Jason D. Fuchsberg Law Firm to Get on with Your Defective Medical Devices Claim

The defective medical device attorneys at Jacob D. Fuchsberg Law Firm have the resources and experience to litigate defective medical device cases against major medical device manufacturers. We represent people who have suffered serious injuries and seek compensation for your medical bills and losses. We consider your pain and suffering and the damage to your quality of life. Contact us today to talk to a New York medical device lawyer.

  • We are available to you 24/7

  • Compassionate in our approach

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Frequently Asked Questions

Are medical device injuries common in New York?

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From 2008 to 2017, the U.S. Food and Drug Administration received over 5.4 million complaints of complications from defective medical equipment. Medical devices account for a shocking number of injuries and deaths yearly in the U.S. — about 1.7 million health complications and an average of 83,000 deaths.

What is the deadline for filing a medical device lawsuit in New York?

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Due to the statute of limitations on filing defective medical device lawsuits, you and your New York personal injury lawyer have three years from the date the damage was discovered to file a suit. This may seem like a long time, but medical device cases can be complex, and determining liability and the extent of your harm takes some time.

What damages are recoverable in a New York malfunctioning medical device case?

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Damages from a faulty medical device lawsuit include any financial losses you suffered as a result of the injury, like medical treatment or lost wages from time missed at work.

However, you are also entitled to collect non-economic damages. This includes the pain and suffering of the injuries, as well as the emotional anguish or grief over not being able to fully heal or enjoy your independence.

In the most tragic cases, a defective medical device can cause deadly complications. Ask our lawyers about filing a wrongful death suit on your family’s behalf.

Who is to blame for defective medical device injuries in New York?

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Multiple parties can be found liable for injuries from an implanted medical device:

  • The device designer or manufacturer
  • The retailer or salesperson selling the device
  • The physician who recommended the device or implanted it
  • The hospital where you had your procedure
  • The testing facility

Medical device defects cause serious harm, and determining how the device malfunctioned and who is responsible can be complex. Getting justice doesn’t have to be. Call us today for a free consultation.