Medical Device Litigation
On behalf of medical device companies we quickly and efficiently investigate and resolve claims and lawsuits alleging personal injury as a result of defective design, inadequate warnings or manufacturing error as well as related breach of warranty, negligence and consumer theories. We defuse single cases for clients or consolidated matters. We appear regularly in state and federal courts in New Jersey as well as throughout the country in defense of devices about which we have developed specialized knowledge and experience (e.g., obesity products and breast implants) at the request of the client. We have worked with other law firms, large and small, as local counsel.
We have been national coordinating counsel for a major medical device manufacturer in claims and litigation involving their products, including silicone gel and saline-filled breast implants and other body implants, dermal fillers, collagen, botulinum toxin , gastric lap bands, and other medical devices and products. We have been lead counsel for a national tissue bank in Multi-District Litigation venued in New Jersey federal court. Bob McGuirl is a member of the American Association of Tissue Banks (AATB), a frequent speaker there and a Certified Tissue Bank Specialist (CTBS).
We have been lead trial attorneys for medical device and product manufacturers in multiple injury and death cases in New Jersey courts involving devices such as heart valves, electrosurgery equipment and prescription creams, among others.
We have experience with clinical trials, recalled products and those that have reached the market via 510(k) and pre-market application (PMA) processes. Our knowledge of the FDA's PMA process and the legal ramifications of the Medical Device Amendments of 1976 (MDA) as well as Riegel v. Medtronic and its progeny has aided this firm in shutting down cases based on federal preemption. By explaining this arcane area of law to plaintiffs' counsel we have been able to extricate our manufacturing clients from lawsuits soon after they were filed, and even have prevented suits from being filed.
Our experience with medical devices dates back to the mid-1980s, starting with artificial heart valves and silicone gel breast implants. Defending claims of defect in such products has been a mainstay of this firm since then. We bring this experience and product knowledge to bear in each claim or suit, often short-circuiting the plaintiff's case before it really gets started, saving the client money and aggravation that comes from protracted written discovery and depositions. When the long road is necessary, we have the courtroom skill to successfully defend the product and its manufacturer or distributor.