Defective Implants & Medical Devices

Rubenstein Law

We Will Fight For You!

Implants and medical devices can be valuable instruments to improve and save lives. As a consumer and patient, you should be able to trust the implants and medical devices your doctor is using, however that is not always the case. The FDA testing requirements for medical devices is shockingly minimal compared to pharmaceuticals. Often there is very little safety testing before it goes to market, this can lead to serious complications or even death. Defects come from a failure in design, manufacturing, or marketing, but regardless of the reason when it happens to you, it can be overwhelming, frightening, and confusing.


Available 24 Hours / 7 Days a Week


Available 24 Hours / 7 Days a Week
Recalls of Defective Implants and Medical Devices

Common types of implants and medical devices that may be defective include:

  • Hip replacements
  • Knee replacements
  • Defibrillators
  • Stents
  • Gastric bands
  • Birth control patches
  • Breast implants
  • Surgical equipment
  • Bone Graft
  • Pelvic and vaginal sling implants

It is a violation of US Food and Drug Administration (FDA) law for an implant or medical device to be defective. Once an implant or medical device is deemed defective, the implant or medical device is recalled. The FDA reported sixty-one medical device recalls in 2014. The FDA categorizes recalls into three different classifications, based on risk to the public:

  • Class 1: Dangerous or defective products that could cause serious health problems or death.
  • Class 2: Products that might cause a temporary health problem
  • Class 3: Products that are unlikely to cause any adverse health reactions, but violate FDA rules

After an implant or medical device is recalled, the risk of leaving the implant or medical device in place must be weighed against the risk of its removal. Either scenario may lead to an exacerbation of symptoms as well as various complications.

Compensation for Injury and Complications

If you or someone you love is suffering from complications due to a defective implant or medical device you may have a case against the manufacturer, retailer, doctor, hospital, clinic, or medical sales representative. You may be compensated for:

  • Loss of quality of life
  • Lost wages
  • Additional surgeries and medical expenses
  • Emotional distress
  • Loss of ability to have sexual relations/companionship
  • Pain and suffering
Rubenstein Law Will Fight For You

Big pharmaceutical and medical companies can be more concerned about making profits than the safety and protection of consumers and patients. Lawsuits against these companies are often complicated. These companies have teams of attorneys strategically designed to defend against any defective implant and medical device claim. You should have a team of attorneys as well.

The personal injury attorneys at Rubenstein Law have access to the best experts and the experience to fight these complex defective implant and medical device cases. We can help you understand your rights. Call us today for a free consultation at 1-800-FL-LEGAL or one of our offices across Florida so we can evaluate your case and help you weigh your options. We are here to answer your calls 24/7, nights and weekends.

Some Helpful Q&A's

What do I do if learn of problems with my device or implant?

  • Don’t panic
  • Contact your doctor and ask about warning signs
  • Check the FDA website to read up on official warnings and advice
  • Contact Rubenstein Law at 800-FL-LEGAL - put our experience to work for you


How long do I have to file a medical malpractice claim?


In Florida, medical malpractice claims generally have a statute of limitations of two years from the date you knew or should have known about the negligent act. There are a few exceptions to this law and although they are not common it is worth your time to contact Rubenstein Law at 1-800-FL-LEGAL for a thorough evaluation of your case.

More FAQs
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