A New Jersey medical device lawyer knows the state and federal laws meant to hold manufacturers accountable for unsafe products. We have the resources to push back against attempts to minimize responsibility. The pressure that we apply could result in a settlement that reflects the harm that was negligently inflicted upon you.
A defective medical device can cause devastating harm to an individual. What you had hoped would alleviate your condition has suddenly become a significant source of pain and perhaps ongoing medical problems.
Although you may feel like you’re suffering alone, there’s a high chance that many other people have also been injured by the same medical device or drug. For this reason, your case might become part of a mass tort or class action.
New Jersey Medical Device Lawyers Manage Mass Torts and Class Actions
Mass torts and class actions present two approaches to litigation often used by victims of medical device manufacturers and pharmaceutical companies. They combine cases that come about from largely similar facts or situations. Either type of case spares you the process of approaching a medical corporation as a single party.
The complexity of such cases, however, requires the attention of a knowledgeable New Jersey medical device lawyer. We’ll give our full attention to seeking the highest dollar amount justifiable under the circumstances of your injury. On average, victims with legal representation receive settlements 3.5 times higher than victims who submit claims by themselves.
New Jersey Medical Device Lawyers Hold Companies Accountable
Before you call us for a free consultation, we encourage you to seek medical treatment right away if a medical device is currently harming you. Medical intervention might prevent further harm to your health, and the subsequent medical records about your problem could contribute to your personal injury claim. Our assistance locating appropriate medical providers is available to you when you’re not sure where to turn.
As you receive medical care, we’ll work hard to document the cause of your condition and identify responsible parties. The law could hold a medical device company liable for your damages, including medical bills, lost income, and pain and suffering. Liability arises for a manufacturer when defects are clearly evident or a device causes serious injuries that reduce your quality of life. A personal injury lawyer in New Jersey can help!
FDA Medical Device Recalls So Far in 2019
The U.S. Food and Drug Administration makes public recalls of medical devices as they happen. Examples of devices pulled from the market within the first quarter of 2019 are:
- Synergy Cranial Software and Stealth Station S7 Cranial Software from Medtronic
- CoaguChek XS PT Test Strips from Terrific Care, LLC and Medex
- Sterile Saline and Sterile Water for Inhalation from Medex Cardio-Pulmonary
- Swan-Ganz Thermodilution Catheter from Edwards Lifesciences
- Dual Chamber Implantable Pulse Generators from Medtronic
- Raindrop Near Vision Inlay from RVO 2.0, Inc.
Other Defective Medical Devices
Every year, problems emerge from many types of medical devices or drugs. Defects have been documented on devices such as:
- Boston Scientific Taxus Stent
- Guidant Pacemakers
- Johnson and Johnson Cypher Stent
- Medtronic Defibrillators
- Knee Implants
- Duragesic Pain Patch
- Shoulder Pain Pumps
- Transvaginal Mesh
- Zimmer Durom Cup Hip Socket Implant
We understand that severe medical problems could limit your mobility. A New Jersey Medical Device Lawyer from our office is willing to visit you at your home or even if you’re hospitalized. Our direct approach will allow you to communicate the details of your complaint as conveniently as possible.
New Jersey Medical Device Lawyers Prepare Multi-district Litigation
Your case could become part of a mass tort or mass action that is executed through the process of multi-district litigation. Complaints involving defective medical devices, drugs, dangerous consumer products, and environmental contamination often result in mass torts due to the numerous plaintiffs whose cases share similar circumstances but vary somewhat in the details. While a mass tort by definition represents many parties, it must also only focus on a small number of defendants.
The legal system recognize the need to consolidate the interests of similar plaintiffs. A mass tort enables a court to process a large number of complaints that do not meet the standards of a class action.
An MDL mass tort that combines plaintiffs from throughout a region or even nationwide would be handled by a federal district court. A single judge would preside over the case. A New Jersey medical device lawyer working on such a case prepares cases within the mass tort individually, which preserves their specific characteristics.
The Judicial Panel on Multi-district Litigation formed by seven judges from different federal district and appellate courts oversees these cases. The panel will evaluate the facts and legal issues that the plaintiffs have in common to see if an MDL designation would be appropriate. A majority vote of the panel decides the issue.
If a mass tort attains an MDL status, then the panel will choose which district court and judge will hear the case. The authority to send any MDL case back to the district court of its origin remains in the hands of the panel.
Benefits of Multi-district Litigation
The MDL method exists so that massive numbers of lawsuits do not overwhelm the court system. The attorneys representing the many plaintiffs also gain the opportunity to support each other’s efforts and operate efficiently.
Case consolidation also enables the legal issue to be communicated clearly through uniform pleadings. A judge capable of managing the multitude of details will oversee the discovery and motion practice. However an MDL case turns out, its single ruling prevents the problem of the same issue resulting in conflicting outcomes across separate cases.
Multi-county Litigation Processed by New Jersey Medical Device Lawyers
When a multi-district approach on the federal level is not appropriate, multi-county litigation is the state-level equivalent. An MCL mass tort will go through a consolidation process that determines which state court and judge will preside over the combined legal complaints. The state has three Mass Tort judges available to hear these cases as well as another judge who works specifically with asbestos claims.
Due to many pharmaceutical companies operating in New Jersey, the state’s court system frequently provides the venue for cases involving drug injury. The forum dependent rule established by the U.S. legal code reduces the ability of drug companies to shift a case from the state and to a federal court. Cases covering similar subject matter can exist as both MCL and MDL cases.
The decision to form an MCL case lies in the hands of the New Jersey Supreme Court. A party to a case may request an MCL status of any Assignment Judge in any vicinage. Such a party or the Assignment Judge has the option to apply for consideration directly to the Supreme Court.
Factors considered by the Supreme Court when evaluating MCL requests include:
- Location of litigious parties
- Level of similarity regarding injuries and damages
- Total number of plaintiffs
- Total number of claims involving a single cause
The choice to grant the MCL status also depends on the expectation that consolidation will improve the efficiency of processing the complaints. The Supreme Court will also be on guard against making a decision that could unfairly undermine the rights of any of the parties.
Representation from a New Jersey medical device lawyer could aid your understanding of this process. We’ll answer your questions as issues develop and continually fine tune our legal strategy as we pursue a financial settlement for you. We’ll stay on top of complex court procedures while you cope with difficult medical problems.
Class Action Lawsuit Representation from a New Jersey Medical Device Lawyer
A class action differs from a mass tort in that it is one case instead of the combination of many separate complaints that maintain their individual details. The class action format, however, still promotes efficiency by avoiding the need to litigate thousands of cases.
Although a class action case represents many individuals impacted by the same issue, the case is built upon the class representatives. Only a select few of the plaintiffs will be named directly in the legal filings. They represent the class of potentially many thousands of people afflicted by similar injuries.
The purpose of the class action is to achieve a single ruling that will potentially resolve the complaints of everyone who meets the requirements of the class. Before a proposed class action may become certified as a class action, it must meet these requirements:
- The number of affected people must be so high that only a class action is practical.
- The issues stated by the class representatives adequately describe the problems faced by the class.
- The laws and facts applicable to the parties have much in common.
- The class representatives will consider closely the needs of the class as whole.
An excess of differences among parties in regards to liability and damages could prevent a case from becoming a class action although the possibility of a mass tort action remains.
The Class Action Fairness Act of 2005 expanded the jurisdiction of federal courts to limit the perceived problem of state courts hearing national class actions. As a result, fewer class actions or mass torts have been heard in recent years at the state level.
CAFA directs class actions into federal courts when they involve over 100 members, combined damages could go above $5,000,000, and any class members hold citizenship in different states than the defendant. A New Jersey medical device lawyer from our firm has the resources to manage these class actions at the state or federal level as necessary.
Call a New Jersey Medical Device Lawyer Today
The complexities of going up against a large company with significant legal resources could be daunting when you’re already struggling to recover from injuries. To gain an advocate willing to fight for your rights, schedule a free consultation with us today. You pay nothing unless we win compensation from the negligent parties that injured you. A New Jersey medical device lawyer is waiting to evaluate your case at no cost to you. We’re in Cherry Hill, NJ.