When Medical Devices Cause Harm: Understanding Your Legal Rights
Posted October 6th, 2025 by Anthony Carbone, PC.
Categories: Attorney Anthony Carbone, Exposure, Personal Injury, Product Liability.
Medical devices save lives every day. Pacemakers keep hearts beating, joint implants restore mobility, and insulin pumps manage diabetes. However, when these devices fail or malfunction, they can cause serious injuries or even death.
The FDA regularly issues recalls for medical devices that pose serious health risks. If you’ve been harmed by a defective medical device in New Jersey, you may have legal rights you didn’t know about.
Common Medical Device Problems
Medical devices can fail in many ways, causing different types of injuries:
Heart devices like pacemakers and defibrillators can malfunction, causing irregular heartbeats, cardiac arrest, or sudden death. Insulin pumps have been recalled due to cybersecurity risks that could let hackers control the devices.
Joint implants including hip and knee replacements may break, loosen, or wear out too early, causing severe pain and requiring additional surgeries.
Surgical mesh used in hernia or bladder repairs can cause infections, organ damage, or chronic pain that doesn’t go away.
Insulin pumps can deliver too much or too little insulin, leading to dangerous blood sugar levels.
Birth control implants may move to the wrong place in your body or fail to prevent pregnancy.
These problems often require expensive additional surgeries, long-term treatment, and can significantly affect your quality of life.
Who Can Be Held Responsible
When medical devices cause harm, several parties might be legally responsible:
Device manufacturers are liable if their product has design flaws or manufacturing defects.
Distributors who sell faulty devices can also be held responsible.
Healthcare providers might be liable if they didn’t follow proper procedures or ignored safety warnings.
Under New Jersey law, you may be able to seek compensation even if you used the device exactly as directed. These are called “product liability” cases, and they focus on proving the device was defective and caused your injury.
Types of Compensation Available
If a defective medical device has harmed you, you may be entitled to several types of compensation:
Medical Expenses
This includes all costs related to treating your injuries:
- Emergency room visits
- Additional surgeries to fix or remove the device
- Hospital stays and rehabilitation
- Future medical care you’ll need
Lost Income
Many people can’t work while recovering from device-related injuries:
- Wages lost during recovery time
- Reduced earning capacity if you can’t return to your old job
- Benefits and advancement opportunities you missed
Pain and Suffering
The physical pain and emotional distress from device failures are real losses:
- Physical pain from injuries or additional surgeries
- Anxiety and depression from ongoing health problems
- Loss of enjoyment in activities you can no longer do
Long-Term Care Needs
Some device injuries create permanent problems:
- Ongoing medical monitoring
- Home health care assistance
- Modifications to make your home accessible
Steps to Protect Your Rights
If you believe a medical device has harmed you, taking the right steps quickly is important:
Get Medical Help
See a doctor immediately about your symptoms. Keep detailed records of all treatments and how the device problems affect your daily life.
Keep Everything
Don’t throw away the device, packaging, instructions, or receipts. These items can be crucial evidence in your case.
Document Your Experience
Write down your symptoms, treatments, and how the device failure has affected your life. Take photos of any visible injuries or problems.
Report the Problem
Tell your doctor about the device failure and contact the manufacturer. You should also report serious problems to the FDA through their MedWatch program.
Get Legal Help
Medical device cases are complex and often involve large corporations with teams of lawyers. Having an experienced attorney on your side can make a significant difference in the outcome of your case.
New Jersey Time Limits
New Jersey has specific time limits for filing medical device injury cases. Generally, you have two years from when you discovered the injury to file a personal injury lawsuit. However, there’s also a longer time limit – ten years from when the product was first sold – that applies to product liability cases.
These deadlines are strict, so it’s important to act quickly if you believe a medical device has harmed you.
Why Legal Help Matters
Medical device manufacturers and their insurance companies work hard to avoid paying compensation. They often argue that:
- Your health problems existed before using the device
- You didn’t follow instructions properly
- The device worked as intended
- Your injuries aren’t as serious as you claim
These companies have experienced legal teams working to protect their interests. When dealing with the physical and emotional challenges of device-related injuries, having knowledgeable legal representation ensures your voice is heard and your rights are protected. The Law Offices of Anthony Carbone can investigate what went wrong, gather the evidence needed to prove your case, and fight for the compensation you deserve.
Take Action to Protect Your Rights
Medical device injuries can create serious physical, emotional, and financial challenges. If you’ve been harmed by a defective device, you may be entitled to compensation for medical bills, lost wages, and pain and suffering.
Contact The Law Offices of Anthony Carbone today for a free consultation. We’ll review your case and help you understand your legal options. Don’t let device manufacturers avoid responsibility for the harm they’ve caused.
