The Problems with Drug Makers and Medical Devices Manufactures
“Do no harm.” That’s the oath doctors promise to their patients. It’s sacred and the basis of how all of us expect to be treated. But that promise does not always apply to the companies that make and sell medical devices and drugs. Often the oath of “do no harm” is overshadowed by corporate profit margins and greed. While doctors do their best to heal our bodies, sometimes the drugs they prescribe or the devices they use in surgery are what do the most harm.
If you or someone close to you is injured by a drug or medical device, we may be able to help.
The attorneys at Maglio Christopher & Toale Law Firm | mctlaw represent people in many types of medical product liability lawsuits, including many high profile cases such as the ones listed below. However, we litigate many types of medical product injuries.
We encourage you to reach out if you’ve been injured by any type of device or drug so our attorneys can review your case.
Metal on Metal Hip Replacements
Patients in jury trials across the country have won multimillion-dollar judgments for injuries caused by defective metal on metal hip replacements. mctlaw is one of the few law firms leading this litigation.
Vaccine Injury Compensation
Our attorneys have won hundreds of millions of dollars for our vaccine injury clients.
Find out about the National Vaccine Injury Compensation Program and how we can help you file a claim.
Exactech GXL Connexion Hip Replacement Recall
Exactech recalled their Connexion GXL hip replacement liners. Exactech notified the FDA that the plastic in the acetabular liners is wearing out faster than expected.
Exactech Optetrak and Truliant Knee Recalls
Exactech’s OPTETRAK and TRULIANT Knee Replacement Systems are failing often and much earlier than their expected lifespan, leading to serious health risks and potentially complex revision surgery.
The FDA calls Kratom a dangerous substance that’s injured and killed hundreds of people. Kratom acts like an opioid and can lead to overdoses and serious side effects. The attorneys at mctlaw are filing lawsuits across the US against manufacturers and distributors of this deadly powder.
Other Defective Medical Devices and Drugs
Talk to our legal team if you’ve been injured by a medical device or drug. We evaluate all types of medical product liability cases.
What are Medical Devices?
A Medical Device is anything used by a health care practitioner to diagnose, mitigate, treat, or prevent disease, injury or other medical conditions. The FDA classifies medical devices into three categories based on their risks:
CLASS I: The most common type of medical device. These have low to moderate risk, minimal contact with patient, and a low impact on overall health. They are subject to the least amount of government oversight. Examples are elastic bandages, tongue depressors, manual stethoscopes, bedpans, and hospital beds.
CLASS II: These devices are more likely to be in contact with a patient and have moderate to high levels of risk. The government and FDA has more rules over how these items are approved before selling them for use in patients. This is called the 510K process. Examples are powered wheelchairs, catheters, blood pressure cuffs, surgical gloves, and contact lenses
CLASS III: These are products that the FDA defines as “ sustaining or supporting life, are implanted or present a potential unreasonable risk of illness or injury.” Class III devices must go through the toughest FDA scrutiny before going on the market. Examples include defibrillators, artificial hips, shoulders, knees, hernia mesh, breast implants, cochlear implants, and birth control devices.
Medical Products Liability Lawsuits Happen for One of Three Reasons
1. Defective Manufacture
Problems can happen in the factory when the device is being made. These mistakes are called manufacturing defects. There are a lot of ways things can go wrong here. There can be problems with the sterilization process, issues with the quality of the materials used, damage during shipping, or errors at any point between making the device and when you receive it.
2. Defective Design
Design defects happen because of a flaw in the planning and development of the product itself. This type of defect makes it unreasonably dangerous to the consumer.
3. Defective Marketing – Failure to Warn:
Everyone has the right to know the risks and benefits of the medical product they use. If the manufacturer does not give proper warnings about the dangers of a device, or if it does not explain how to safely use a product, then the company could be liable, and held responsible for an injury. This is called “a failure to warn.”
Manufacturers must also warn health care professionals, like your doctor or surgeon, about risks and how to safely use their medical products. That’s important because doctors often make recommendations to a patient about what types of device or drugs to choose.
Talk to our legal team
Your medical product or drug injury might be the first of it’s kind. Or you may not know about an FDA recall or safety alert. A quick conversation with our legal team may help you figure out what to do next.
Who is Responsible for Your Injury?
These are really complicated cases and might involve more than one defendant in a lawsuit. Possible defendants to hold responsible are:
- The designer of the product
- The manufacturer of the product
- The business or people who marketed the product
About Maglio Christopher & Toale Law Firm | mctlaw
The attorneys at Maglio Christopher & Toale Law Firm represent clients against multinational corporations and governments every day, winning substantial settlements and judgments for our clients.
In the past few years alone, we’ve recovered hundreds of millions of dollars for our clients. We are trial attorneys with a reputation for standing firm when other law firms back down.
We don’t blink, and our clients benefit.
Contact Us Now
My experience with mctlaw for my hip claim was remarkable, I found the communication to be outstanding. I also felt they did an excellent job setting expectations and then delivering on those stated expectations. From net amount, timing of the settlement, how much each related party would receive etc. they were outstanding. I would highly recommend them. They are very professional and set the bar in vaccine injury practice.
Five stars for Maglio Christopher and Toale! Paralegal Leslie Williams did an outstanding job communicating with us and keeping us informed. Thanks for all the help.
I am excited to be receiving my final payment so I can put all this behind me. I am really grateful to everyone who played a part in getting me this well deserved settlement as my life has been negatively impacted over the years.
We cannot thank you enough for the services your firm has provided for Marie and I in our time of need. I could not have chosen a finer firm near or far to represent us.
John and Marie (Last Name Withheld for Privacy)
My first response is “Wow!” It has only been 11 months since I first heard of “SIRVA” and an HHS program that awarded compensation to its victims and only 7 months since MC&T accepted my case. I feel that your efforts on my part made all the difference.
Thanks to you I am living comfortably in my own home with assistance. After my devastating GBS diagnosis from the flu vaccine six years ago, I didn’t know what to do. Thank goodness I found you and your law firm. Thank you so much!
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Alison is a phenomenal attorney… When she put together the demand letter she was able to explain what I had been through and how I had felt… I want to thank your firm but personally thank all that had a hand in resolving my case.
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The past 10 months have been a whirlwind to say the least but we are truly thankful, grateful and appreciative of …all you have done for our family. This is truly life changing for us. The weight that this lifts off of our shoulders and the peace of mind it will give us….its priceless. So again, thank you.
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Thank you so much. It was so nice to deal with someone who treated us with respect and had a true interest in our future. This would not have happened without your hard work. Please tell anyone who helped with this that we truly appreciate it.
Martin (Last Name Withheld)
I am so grateful for all of your time and tireless work that you have put into resolving my case. Most sincere thanks.
I just wanted to thank you for your help over the past 3 years…Thank you for negotiating with the DOJ in order to get as much as we could under the circumstance…It has been a pleasure having you and your wonderful staff here to assist me in this long and tedious effort.
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Thank you for all of your efforts all along to help resolve lifelong issues I will always have due to this defective implant. You have held my hand through a lot and each and everyone of you at MCT are appreciated for all of your efforts.
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Mr. Maglio, I want you to know the appreciation I have for Diana Stadelnikas and her team for the effort they have put into my wife’s claim! The settlement negotiation they achieved (in a very frustrating situation) is outstanding! While there’s a way to go yet, I want to assure you will they have my full confidence and gratitude to the finish! I know you must be proud of your people!
I thank you so much for your diligent and hard work on my behalf. You are a thoroughly professional and pleasant person and I am grateful for having you on my case.