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What you need to know about defective medical devices

A defective medical device could lead to serious health issues. Complications caused by a defective device could lead to costly medical bills, lost wages, emotional distress, and decreased quality of life. Read on to learn more about medical device recalls, how the Food and Drug Administration handles defective device claims, and what you should do if you’ve been hurt.

Medical device recalls

The FDA lists all recalled medical devices on their website. Here is a list of 2019 recalled medical devices. They include devices as common as catheters and as sophisticated as 3D brain imaging software intended to assist surgeons to guide their instruments.

In the case of the brain imaging software, it was on the market from 2011 to 2018 but was only recalled in January of 2019. It was a Class 1 recall, the most dangerous type, meaning it could lead to death or serious injury. Because the brain software was in use for at least eight years before it was recalled, there could be numerous patients who were harmed or even killed as a result of the faulty device, which inaccurately depicted the exact location of a surgeon’s tool, which may lead to accidental damage to brain tissue.

The FDA’s 510(k) process

You might be wondering how medical devices are so often defective or don’t achieve their intended purpose. This is partly because of the FDA’s 510(k) process. According to the FDA, “A 510(k) is a premarket submission made to FDA to demonstrate that the device to be marketed is at least as safe and effective, that is, substantially equivalent, to a legally marketed device that is not subject to PMA (Premarket Approval).” Basically, this means that new medical devices can be approved in an expedited manner if the manufacturer can prove that it is similar enough to a previous one that was already approved.

According to CNBC, the FDA approved 3,173 devices through this system, or 82% of the total devices cleared. The FDA claims they have plans to overhaul the system so that devices older than 10 years cannot be used as predicates, which are the legal devices used to demonstrate that the new one is substantially equivalent to it.

What to do if a medical device injures you

If you have been injured because of a defective medical device, please consider reaching out to the experienced product defects attorneys at Hach & Rose, LLP. Call us at (212) 779-0057 to schedule a free, no-obligation consultation to discuss how we can help you.


What to know if you have been injured by a defective drug

Chances are you have taken a prescription drug recently, or you might take them as part of your daily routine. Forty-four percent of Americans take at least one drug every day, and they all expect that their doctors prescribed them something safe and effective. However, this is not always the case. The FDA reported that in 2019, there were 83 separate drug recalls filed by pharmaceutical companies. 

Alarmingly, there is no law that requires pharmaceutical companies to recall drugs that they have found to be defective or potentially harmful to patients. This means you could potentially get your hands on a drug that will cause you more harm than good.

In the past, defective drugs have caused various unpredicted medical complications, including bladder cancer, diabetes, uncontrolled bleeding, cardiovascular problems, and birth defects. 

The FDA requires that drug companies list known side effects, complications, and risks the drug could pose to their users. You have cause to file a claim if you have been injured as a result of taking the drug and were not adequately warned of that particular risk factor. Getting in touch with a personal injury attorney is your first step to reclaiming damages caused by taking a defective drug. 

What will a defective drug attorney do?

If you choose to file a claim against a pharmaceutical company, hiring an attorney with experience handling defective pharmaceutical claims will help you navigate the complicated legal process. Besides providing emotional support and knowledgeable counsel throughout the process, your lawyer will also help you with:

  • Communicating with the insurance company
  • Keeping track of your medical records
  • Conducting a thorough investigation into the defective drug and the cause of your injury to better pinpoint each potential claim to compensation
  • Building a strong case on your behalf and negotiating for a fair settlement or fighting for damages in court

What you need to do during your injury case

  • Keep track of your symptoms and how the defective drug affects your daily life
  • Keep a journal of your physical and emotional changes 
  • Stay in touch with your doctor and follow their orders to best counteract the adverse effects of the drug

If you or a loved one has been harmed by a defective drug, please consider reaching out to the experienced trial attorneys at Hach & Rose, LLP. Call us at (212) 779-0057 to schedule your free consultation today.


How to identify a defective toy and file a claim

The holiday season is a magical time for children, filled with cookies, candy, and toys. But the last thing on any parent’s mind during this time of year is the risk that toys can pose to their children. If you celebrated Christmas or Hanukkah this year, you probably gifted your child at least one toy. But what happens if that toy breaks and your child swallows a piece of it? Or if that specific toy was recalled? This post will give you the information you need to determine whether your children’s toys are safe, and what to do if something goes wrong. 

How to know whether a toy was recalled

The Consumer Product Safety Commission (CPSC) publishes recalls on its website as soon as they discover a defect in a product. Some of the most recent recalled items are a Hallmark candle, a Toysmith light-up toy wand, and BCI Burke playground equipment. If you are concerned that your child’s toy might be defective, check the CPSC website for updates and alerts. 

What to do if your child was injured by a toy

If your child was injured by a toy, even if it was a minor injury, you should report it to the CPSC. You can do this through an online form, found here. Toy companies have a responsibility to ensure that their products are safe for consumers, but oftentimes, they do not uphold this responsibility. By reporting a product’s defect, you begin the process of getting that product recalled. This could save another child’s life. 

After reporting the defect, you should get in touch with a personal injury attorney who can help you file a claim against the toy manufacturer. Your lawyer will help build your case to prove that your child wouldn’t have been injured but for the toy’s defect. In other words, they will help prove the manufacturer’s liability in the matter, and that your child would be unharmed today if it weren’t for the manufacturer’s mistake. 

Contact a New York Product Defect Lawyer Today

If your child has been injured due to a defective toy, contact Hach & Rose, LLP right away for help. Our personal injury attorneys have years of experience dealing with defective product cases and will fight for you and earn you the compensation you deserve. Call our number at (212) 779-0057 to schedule your free consultation today.


IKEA furniture injuries

IKEA, a Swedish company that designs and sells affordable furniture which people can assemble at home themselves, has been the world’s largest furniture retailer for more than a decade. It is not uncommon for companies to occasionally manufacture furniture that proves to be dangerous, and recently IKEA has been forced to recall a number of its products because of hazards.

In 2017, ABC News reported that IKEA recalled 29 million MALM dressers in three-, four-, five- and six-drawer models, after the United States Consumer Product Safety Commission (CPSC) said that IKEA had received 186 reports of incidents with these items, including 90 injuries and eight deaths. As recently as October of 2019, IKEA recalled thousands of MATVRA bibs for representing a choking hazard, after two reports of the snaps on the bibs coming off.

Types of IKEA Furniture Cases We Handle

IKEA sells many different kinds of furniture, and no one product is more dangerous or prone to accidents than another. Some of the most popular IKEA products include:

  • Sofas/chaises
  • Armchairs
  • Beds/headboards
  • Cribs/baby furniture
  • Dressers
  • Tables
  • Chairs
  • Desks & computer desks
  • Bookcases/shelves
  • Armoires/wardrobes
  • Toys

In June 2019, CBS News reported that consumer advocates were accusing IKEA of not doing enough to get dangerous, recalled dressers out of American homes. IKEA responded, saying  that the company had distributed over a million wall-attachment kits, and issued 400,000 refunds for returned dressers, but added that it would continue to try to educate customers about the recall and the “importance of securing chests and dressers to the wall.”

IKEA and other manufacturers are quick to deny claims when dressers were not properly anchored to walls, and you should avoid discussing this issue with any insurance company that is handling your case. Even when people did secure their chests and dressers to walls, the manufacturers will often claim that the chests and dressers were not properly secured.

IKEA is far from the only company to manufacture dangerous or defective furniture, and you should not hesitate to contact Hach & Rose, LLP when you have a piece of furniture that was purchased from another manufacturer. Our firm is ready and able to take on companies of all sizes, and we will not be afraid to take on any company that produced a product that caused you harm.

Contact an IKEA Furniture Attorney

Were you or someone you love hurt as the result of a dangerous or defective piece of furniture in New York? Contact Hach & Rose, LLP right away by calling (212) 779-0057 or get in touch with us online to take advantage of a free consultation. We can explain your legal options in a clear and concise manner. Let our knowledgeable New York defective product attorneys work tirelessly to get you full and fair compensation for your losses.

 


What are the most common types of product defect claims?

While any product could potentially be defectively designed or manufactured, some products are more likely to be defective and cause harm to others. Some of the most common product defects include children’s toys, medical devices, and pharmaceuticals, auto manufacturers, chemicals or other hazardous materials, and industrial equipment.

Children’s toys and products acquire several defective product lawsuits. A typical case for defective children’s toys lapses design, such as creating products that are easily swallowed by children. Other cases use hazardous paint or potentially dangerous substances on the products itself, which leads to long-term health issues for the children. Even something as innocent as an infant sleeper product could result in significant harm or death if the product is defective.

Medical devices and pharmaceuticals produce thousands of product liability defects such as improper equipment such as defective hip implants to defective drugs such as Viatrexx for lack of sterility assurance, according to the 2019 Drug and Food Administration data

Auto manufacturers are involved in our daily lives, whether it is commuting on the bus or buckling in your child. There are plenty of cases where there is a fault in design or manufacturing, resulting in deadly consequences for the consumer. From poorly designed SUVs where the top-heavy design subjects the driver to a rollover accident to defective car seats, these cases are severe and sometimes life-threatening.  

Chemicals or other hazardous materials could cause severe harm to those who handle them or are exposed to them. A significant lawsuit arose in 1998 against the Owens Corning Corporation because asbestos building materials caused mesothelioma cancer and death for several consumers and workers. 

Defective industrial equipment is often cited in injury cases.   

Contact Us 

The New York attorneys of Hach & Rose, LLP have extensive experience handling product defect claims. Whether a product was defectively designed, manufactured, or labeled, our team can help you get justice and fair compensation if you’ve been hurt. Contact us today at (212) 779-0057 or reach out to us online. 


Injury Risks Associated With Metal Hip Replacements

While metal hip replacements are intended to improve mobility by replacing the ball-and-socket hip joint, these medical implants sometimes do more harm than good.

Typically, metal hip replacements consist of two metal parts: a ball and a cup. These parts can rub together, releasing metallic debris t into the body and bloodstream. This condition is called “metallosis,” and can cause several long-term medical conditions, including severe chronic pain, swelling, blood poisoning, and even death.

Due to current product liability laws, product manufacturers can be held liable for any injuries caused by these metal hip replacements. For the injured party to prove liability, one or more of these three conditions must be true:

  • The hip replacement has an inherent design defect that caused injury
  • The hip replacement was manufactured with a defect that caused damage
  • The manufacturer of the hip replacement did not adequately inform the injured party with all potential dangers of the implant

Typically, the product manufacturer is at fault. Sometimes, the surgeon who performed the hip replacement procedure is at fault as well. All healthcare professionals have a legal obligation to perform medical procedures without causing harm to the patient — both in the moment and in the future.

If a surgeon makes an error while performing the procedure, and that error results in injury to the patient, this could be considered medical malpractice. In these cases, the surgeon may have implanted the replacement incorrectly, falsely diagnosed a patient, or failed to fully inform the patient of the risks associated with a metal hip replacement.

Contact a New York Defective Medical Device Lawyer

If you or a loved one has become injured or sick because of a metal hip replacement, contact Hach & Rose, LLP at (212) 779-0057 to speak with one of our defective medical device attorneys today.


Defective Furniture: Tip-Over Accidents

There could be a hidden danger lurking within your home. According to a study from Consumer Reports (CR), furniture tip-overs are more common than you might think. Every 17 minutes, “someone in the U.S. is injured . . . by a furniture, television, or appliance tip-over,” states a report from the Consumer Product Safety Commission (CPSC). Unfortunately, an overwhelming number of victims are young children under the age of six.

Between 2015 and 2016, CPSC researchers found that the number of young children injured in furniture tip-over accidents increased from 2,100 to 2,800. Alarmingly, “at least 11 percent of [these] injures” could be attributed to “dressers and other clothing storage units” tipping over. This particular category of furniture units has caused approximately 195 child deaths in under 20 years — and numerous more injuries.

Typically, these tip-over accidents are caused by a young child climbing up the front of a dresser or playing in a dresser drawer. The dresser cannot support the added weight of the child, and as a result, the dresser tips over — often injuring or even killing the child in the process. Currently, furniture safety standards state that “any dresser taller than 30 inches should stay upright with 50 pounds of weight hanging from an open drawer.” There are even product tests designed to assess the tip-over risk for different furniture pieces. However, these tests are not mandatory for manufacturers. In other words, a manufacturer can sell their product to consumers in the U.S. even if it does not meet furniture safety standards.

In a year-long study conducted by Consumer Report teams, researchers concluded that there are many different ways to construct a safe, stable dresser. CR scientists suggest that more stringent safety standards should be upheld within the market. According to the data, the most stable dressers were “deeper,” “heavier,” and “back-weighted,” with “less drawer extension.” These qualities are all crucial for consumers to keep in mind when shopping for a new dresser or other pieces of furniture — especially if that piece of furniture is going to be around young children.

Contact a New York Product Liability Lawyer

Furniture manufacturers have a responsibility to design products with safety and stability in mind. If your child or loved one has been injured or killed in a furniture tip-over accident, you have the right to pursue legal action to hold the company accountable for defective design, manufacture, or failure to warn. At Hach & Rose, LLP, our skilled team of product liability lawyers will fight for you and obtain justice for you and your family’s behalf. Call us at (212) 779-0057 for a free, no-obligation consultation today.


Seat Belt Failure: How Does It Happen?

Wearing your seatbelt is one of the smartest actions a driver can take to protect themselves. According to a report from the National Highway Traffic Safety Administration (NHTSA), “seat belt use in passenger vehicles saved an estimated 14,955 lives in 2017.” However, just like any other manufactured piece of equipment, seat belts can be defective.

Alarmingly, it is not uncommon for seat belts to fail. According to the NHTSA, approximately 3 million injuries and 40 thousand fatalities are reported each year from seat belts that fail to perform as expected during motor vehicle collisions. During rollover accidents, failed seatbelts are one of the leading causes of serious injury or death. Perhaps one of the most disturbing factors about these types of accidents is the fact that they are completely unnecessary and wholly preventable.

How can a seatbelt fail? Here are some of the most common factors:

  • Retractor failure – A seat belt retractor is where the belt feeds from and is responsible for locking up during sudden stops. If the retractor malfunctions for some reason, the passenger will not receive the protection needed to prevent serious injury during a car accident.
  • Latch failure – A seat belt latch is the contact point between the buckle and the actual belt itself. When the latch malfunctions of comes undone with applied force, this could mean serious injury for a passenger during a car accident
  • Spooling – Spooling takes place when an excessive amount of the seat belt feeds out, which means that there is too much belt to adequately restrain the passenger during a collision. The lack of adequate restraint could result in serious — or even fatal — injuries during a vehicle collision.

 Often times, victims of a serious car wreck are not even aware that a seat belt malfunction has occurred. This is why it is important to contact an expert who can correctly identify the signs of seat belt failure after a serious car wreck.

Contact a New York Product Liability Lawyer

Vehicle manufacturers have a duty to ensure that their seat belts will work properly in the event of a collision. If you or a loved one has suffered serious injury because of a seatbelt malfunction during a car wreck, you may be entitled to financial compensation. Contact a New York car accident attorney at Hach & Rose, LLP by calling (212) 779-0057 today. 

 

 


Defective Car Seat Injuries

When parents secure their child into a car seat, they’re doing everything they can to keep their child safe. According to data from the American Academy of Pediatrics (AAP), car seats are essential in keeping young children safe in the event of a car accident. “Car seats are awesome at protecting children in a crash,” said Benjamin Hoffman, MD, Chair of the AAP Council on Injury, Violence, and Poison Prevention. “They are the reason deaths and injuries to children in motor vehicle crashes have decreased.”

However, many parents don’t realize that the car seat they’re securing their child into can be defective — at least, not until it’s too late. According to a report from the Birth Injury Guide (BIG), “an estimated 500 injuries have been reported among infants in car seats under recall status.” A total of approximately 10 million car seats were recalled for being defective over three years between 1998 and 2001.

Because car seats carry the important function of ensuring the safety of vulnerable infants, injuries, and deaths caused by defective features can be so much more egregious. This is why it’s so important to understand the risks and dangers behind faulty products. Some of the most common potential car seat dangers include:

  • Defective latches or buckles
  • Defective strap adjusters
  • Combustible materials
  • Poor construction
  • Weak protective outer-shells

To ensure that you are not using a defective product, it is important to register your car seat either online or by mail. To register, you will need:

  • The car seat label
  • The name of the manufacturer
  • The model number
  • The date that the product was manufactured

If you purchased your car seat new, it should come with a pre-filled registration card that you can send in the mail. You can also register your car seat online at https://www.nhtsa.gov/parents-and-caregivers. To find out if your car seat is under recall, you can visit the National Highway Traffic Safety Administration’s website to check. 

 Contact a New York Product Liability Attorney

Parents expect the car seats they purchase to be safe and effective. However, when these products do not operate as intended, a devastating tragedy result. If your child has been the victim of severe injury or death due to a defective car seat, you are undoubtedly going through a challenging time. You do not have to go through this alone. At Hach & Rose, LLP, we understand that no amount of financial compensation can make up for a traumatic loss. However, our compassionate and experienced team of attorneys will do everything possible to obtain justice on your child’s behalf.


Infant Sleeper Products Linked to Dozens of Deaths

Photo credit: Consumer Reports

Although infant sleepers are popular products that are regularly purchased by new parents, a Consumer Reports (CR) investigation has revealed that these products are associated with dozens of infant deaths. The Consumer Product Safety Commission (CPSC) recently revealed that certain types of sleepers were linked to at least 73 infant deaths, including non-rocking inclined products, in-bed sleepers, and hammock products that have now been recalled.

While new parents may be drawn to the idea of in-bed infant sleepers, many pediatricians advise against their use. Roy Benaroch, a professor of pediatrics at Emory University in Atlanta, stated that “padding is a suffocation risk” in a recent report with CR.

According to medical professionals, this is especially true for inclined infant sleepers, and sleepers that are intended for use within an adult bed. This is because the mobile nature of sleeper products can cause an infant to shift onto their stomachs during the night. “An infant’s mouth can get pressed up against the soft surface . . . You don’t want the baby rebreathing their own carbon dioxide, because the baby could asphyxiate,” added Benaroch.

Recently, the CPSC commissioned a study on the safety of infant sleepers in response to the rising number of deaths. Researchers found that “none of the inclined sleep products that were tested and evaluated as part of this study are safe for infant sleep.” As a result, the CPSC proposed regulations that would effectively ban all inclined infant sleeper products. However, these regulations have yet to be carried out.

Pediatricians recommend only using products that have been regulated by safety standards from the federal government. These products include cribs, bassinets, play yards, and bedside sleepers. Pediatricians also urge parents to use a firm, flat mattress, place their infants on their backs, and to refrain from putting any blankets or pillows in the sleeping area.

Contact a New York Defective Product Lawyer Now

If your child died due to a defective or dangerous infant sleeper, you are undoubtedly devastated, in grief, and in search of answers. Why did this happen? Who was responsible for preventing this unnecessary and tragic death? The New York defective products lawyers of Hach & Rose, LLP know that nothing can undo the pain and suffering your family has endured, nor can any action bring your child back. We do know that the manufacturer must be held responsible for their negligence, and we’ll be ready to fight for the answers, compensation, and justice that your family is owed.

Schedule a free, no-obligation consultation with one of our understanding product defect lawyers at Hach & Rose, LLP to discuss your rights and legal options. We’re here to support you, so call us at (212) 779-0057 or reach out to us online.


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