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Defective Products

Hernia mesh recalls, complications, and lawsuits

HerniaA hernia mesh is a surgical implant made of synthetic plastic fibers used to support damaged tissue around hernias and help it heal after surgery. In about 90% of hernia surgeries, doctors employ hernia mesh to aid the recovery process, but a number of allegations and lawsuits have surfaced that claim hernia mesh may cause more damage than it’s worth. Oftentimes, if a patient experiences complications because of their hernia mesh implant, another surgery is required to correct the problem or remove the mesh.

The hernia mesh is implanted on and around the damaged hernia tissue with staples, stitches, or glue. The mesh quality of the medical device allows the tissue to grow in and around it as it heals and is meant to lower the risk of a recurring hernia.

According to the FDA, the most common complications associated with hernia mesh are pain, infection, hernia recurrence, adhesion, and bowel obstruction. In more severe cases, patients reported sepsis, punctured abdominal organs, peritonitis, abscesses, and abdominal wall tears.

The majority of these mesh complications were caused by recalled mesh. Over the past 15 years, the FDA has recalled a number of different manufacturers’ hernia mesh, and many manufacturers issued voluntary recalls. Some examples include:

  • Atrium Medical Corporation’s C-QuR V-pack Mesh
  • Physiomesh Flexible Composite Mesh from Johnson & Johnson and Ethicon
  • Atrium Medical Corporation’s ProLite Mesh
  • Sofradim Production’s Versatex Monofilament Mesh
  • Parietex Composite Parastomal Mesh made by Covidien LLC

You can find more information about recalled mesh here.

Because so many patients have been adversely affected by hernia mesh, there have been a number of class-action lawsuits filed against the manufacturers. If your hernia mesh was implanted after January 1, 2008, and you had or have scheduled a hernia mesh repair surgery, you are likely qualified to file a lawsuit.

Contact a New York defective medical device lawyer

If you or a loved one have experienced adverse side effects caused by a hernia mesh implant, you may be entitled to significant compensation. The attorneys at Hach & Rose, LLP have the experience necessary to hold medical device manufacturers accountable when their devices cause people harm. Our team will seek full and fair compensation to help you pay for your medical bills, lost wages, pain, and suffering, and other losses. Call us at (347) 318-9604 to discuss your rights and legal options today.

What you need to know about defective food products

defective food productsWhen people think of defective products, automobile parts and medical devices are often the first things that come to mind. But defective food products pose a risk to consumers as well. 

Because a piece of food is technically a product that is sold to a consumer, the manufacturer of that product has a responsibility to ensure its quality. Some common problems with food products include: 

  • Foreign materials in food – Naturally, consumers have a right to expect that the food products they buy will be free from foreign and harmful materials.
  • Foodborne illness and food poisoning, caused by bacteria such as E. coli and salmonella. If a restaurant or food manufacturer fails to meet safety standards, their food may be compromised. This can happen when employees fail to wash their hands, when bugs and rodents are present in the kitchen, or if refrigerated food stays out for too long. 

Symptoms of food poisoning may not manifest themselves for days after a person consumes the defective food, so it can be hard to pinpoint precisely which food item was compromised. The symptoms can range from mild to severe and often depend on the type of food and harmful germ you consumed. Symptoms to watch for are:

  • Diarrhea
  • Abdominal cramping
  • Exhaustion
  • Nausea and vomiting
  • Loss of appetite
  • Chills
  • Sweating

These symptoms usually only last a few hours or a few days, but severe cases of food poisoning could cause nerve damage, chronic arthritis, and even death, according to the CDC

Contact a New York Food Poisoning Lawyer

If you believe you or a loved one became ill because of an unsafe food product, you should preserve the product and it’s packaging and file a report with the health department. In some instances, you might have a valid personal injury claim, so contact a New York defective food product lawyer to discuss your situation. While these claims are often difficult to prove and compensation might not be available (or warranted) in all instances, if you became severely ill or injured, make sure to call our office at (347) 318-9604 or reach out online to discuss your legal options.

What is a robotically-assisted surgical device, and is it safe?

According to the FDA, robotically assisted surgical devices allow doctors and surgeons to use computer software to direct surgical instruments via robotic arms. Robotic surgical systems, such as the da Vinci surgical system, usually accomplish the surgery with less invasive incisions and the patient recovers more quickly, but reports suggest that the surgery is not as effective long-term as traditional methods.

Reporting from the New York Times reveals that the da Vinci surgical system was approved for sale on the market in 2000 by the FDA’s 510(k) premarket notification process. This process allows the sale and use of medical devices without substantial clinical trials or safety testing as long as the device is “substantially similar” to a device already on the market.

According to the FDA, robotically assisted surgical devices are cleared for cardiac, colorectal, gynecologic, head and neck, thoracic and urologic surgical procedures. The device can also be used for removal of the prostate, hysterectomies, and gall-bladder removal.

These devices have not been approved to cure or treat cancer, and yet surgeons regularly employ them to treat various cancers, despite studies that show adverse results. One study, published in the New England Journal of Medicine, showed that women who underwent hysterectomies to treat cervical cancer via robotic surgery experienced six times as many deaths as women who underwent traditional surgery.

This is because the da Vinci system can malfunction or show an inaccurate image of the operation site, may require the patient to be under anesthesia longer, may require hand-assisted surgery (which requires bigger incision), and may cause inadvertent injury to surrounding tissue.

Contact a New York defective medical device lawyer

If you or a loved one suffered an injury after undergoing robotically-assisted surgery, you may be entitled to financial compensation. The legal team at Hach & Rose, LLP is prepared to build your case and help you understand the complexities involved with this type of lawsuit. This type of surgery may leave you worse off than you started, and we want to do the legal legwork so you can focus on getting better. Call our office at (347) 318-9604 to discuss your options today.

What should I do if my car is recalled or a part is defective?

do if my car is recalledIt’s common to hear about car parts being recalled because they didn’t perform the way the manufacturer intended, or might be outright dangerous to passengers. If a part of your car has been recalled, you might have questions about what to do next. Maybe you aren’t sure whether it is still safe to drive your car. This article will attempt to offer some advice about recalled car parts to ensure that you get the help you need to avoid needlessly getting into a car accident.

The National Highway Traffic Safety Administration (NHTSA) is a governmental agency that sets the standards for the safety of cars and car parts. If manufacturers do not meet the requirements dictated by the NHTSA, the administration has the power and the duty to recall defective vehicles or pieces of machinery. Usually, manufacturers will detect problems in their equipment and issue a voluntary recall, then offer to repair the broken parts at no charge to the customer.

What are some common car parts that could be defective?

Some recalls occur because a car part poses a safety threat to passengers. These include:

  • Airbags deploying unexpectedly and without cause
  • Defects in electrical wiring that could cause a fire or loss of light
  • Weak or defective jacks that could injure a person working underneath the car
  • A gas pedal that sticks or breaks unexpectedly
  • Broken steering component that causes a loss of control of the vehicle
  • Car seats with defective safety precautions, such as a broken seatbelt

Other recalls may not be a threat to a person’s safety, but are nonetheless below NHTSA guidelines and must be recalled and repaired. These might include:

  • Nonoperative radio controls or air conditioners
  • Low quality of exterior car paint
  • Excessive oil consumption

If your car or a part of it has been recalled, you will receive a letter directly from the car manufacturer or dealer, which will tell you your next steps. Generally, they will invite you in to repair the problem at no extra cost. Getting a recall letter doesn’t mean you’re in immediate danger, but you should get your car inspected as soon as possible.

If you suspect a part of your car is defective, but there hasn’t been a recall yet, you can contact the NHTSA and file a complaint.

Contact a New York car accident lawyer

If you have been injured in a car accident due to a defective car part, call the personal injury lawyers at Hach & Rose, LLP. Our team has over 100 combined years of experience helping those who’ve been hurt in accidents, including those hurt by defective car parts. We are ready to help you win the compensation you deserve. Call our office at (347) 318-9604 or reach out online to discuss your legal options today.

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

defective drugChances 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

defective toyThe 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

IKEAIKEA, 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?

product defect claimsWhile 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. 

The Dangers of Drop-Side Cribs

The Dangers of Drop-Side CribsMany parents trust that the products they buy for their infants are thoroughly tested and regulated by government safety standards. However, this is not always the case. Each year, hundreds of dangerous products are purchased by consumers before recalling from store shelves.

According to data from Consumer Reports (CR), “40 percent of all recalls last year were for kids’ products.” Among these recalled kids’ products is the drop-side crib, which has been responsible for causing numerous infant deaths and injuries since the year 2000.

For drop-side cribs, one of the sides can easily side down, making it easier for a caretaker to reach the baby. However, these types of cribs are less structurally sound than traditional four-sided cribs and carry several deadly defects.

Certain hardware failures can cause mattress gaps to form, which creates a suffocation hazard for young children. Additionally, other types of hardware failures can cause the drop-side to come loose, carrying the potential to entrap and suffocate children who have fallen through.

Over the past 20 years, drop-side cribs are linked to 32 confirmed infant fatalities, 14 suspected infant fatalities, and numerous more infant injuries. In 2011, the Consumer Product Safety Commission introduced crib regulations that would effectively ban the sale and manufacturing of drop-side cribs in the United States. Before then, at least several million different types of drop-side cribs had been recalled from the market.

If you are a parent searching for a safe crib, it is always best to do your research before making any purchases. When shopping for a crib or any other kind of sleeping equipment for your baby, always make sure that government safety standards and regulations have been followed. If your child was hurt due to a defective crib, be sure to contact an experienced injury lawyer for help right away.

Contact a New York Product Liability Lawyer

Product manufacturers have an obligation to ensure their products are safe for consumer use. If your child was hurt or killed due to a defective crib, contact the New York defective product lawyers of Hach & Rose, LLP right away. We can be reached at (212) 779-0057 or through our online contact form, and we’ll be ready to fight for the fair compensation and justice your family deserves.

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