Defective Drug & Medical Device Attorney in Buffalo
Hundreds of Millions of Dollars Recovered for Our Clients
Drug makers and medical device manufacturers have a legal responsibility to put reasonably safe products on the market. Sadly, in far too many cases, companies rush to get their drug or device on the market without conducting proper testing or clinical trials.
At Richmond Vona, LLC, our Buffalo defective drug and medical device attorneys are committed to protecting the rights and interests of injured victims and their family members. We know how to hold these large corporations accountable for their actions; over our years in practice, we have secured hundreds of millions of dollars for injured individuals and their families throughout Western New York, both in settlements and jury verdicts. If you were harmed by a dangerous drug or defective medical device, we are here to help.
When Can Drug & Medical Device Companies Be Held Liable?
Defective drug and medical device claims are a type of product liability case. Notably, New York recognizes three different theories as being grounds for bringing a defective product claim: negligence, strict liability, and breach of warranty.
To recover damages under strict liability, the plaintiff must show that, through the use of the dangerous drug or medical device, one or more of the following product defects were the cause of their injuries:
- Defective Design: The product is not reasonably safe even though it was feasible to design the product in a safe manner. If the design is defective, all of the products manufactured to that design will pose the same dangers to consumers.
- Defective Manufacturing: The product did not perform as intended due to a manufacturing flaw. The product that caused the plaintiff’s injuries may be found defective as compared with other products of the same design that did not cause harm.
- Failure to Warn: Sometimes a product can be properly designed and manufactured, but still have some dangers consumers should know about. A plaintiff may have a claim if the defendant failed to warn about a danger that is not obvious, even if the danger is from an unintended but reasonably foreseeable use.
Regardless of which theory you pursue, proving fault in a defective drug/defective medical device claim can be challenging. Successful cases require a comprehensive investigation. In most defective drug and medical device claims, the evidence is highly technical and expert witness testimony is required. Because of this, it is absolutely crucial that you work with an experienced attorney who understands New York product liability law and who has access to invaluable resources in pursuing your claim.
If you or your loved one was harmed by a dangerous drug or medical device, contact us for immediate assistance with your case.
Recovering Financial Compensation for Injured Victims
Negligent drug makers and medical device manufacturers can be held liable for the full extent of an injured victim’s damages. It is imperative that you carefully document your losses, as companies or corporations are notoriously aggressive when defending these claims; they will often try to use any tactic they can find to minimize your recovery. At Richmond Vona, LLC, our experienced Buffalo defective drug and medical device attorneys know how to help our clients get the complete compensation that they rightfully deserve.
Through a civil legal claim, you may be eligible to recover for:
- Emergency room care
- Other medical bills and related expenses
- Rehabilitative care
- Loss of current and future wages
- Pain and suffering
- Emotional distress
- Long term disability
- Reduced quality of life
- Wrongful death of a loved one
For a free, no obligation consultation with an experienced attorney, please contact us today.
Asbestos Exposure $3.2 Million Settlement
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Asbestos Exposure $2 Million Jury Verdict
Delayed Diagnosis $1.2 Million Jury Verdict
Mesothelioma from Asbestos Exposure Seven-Figure Settlement
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Serious Construction Site Injury $600,000 Settlement
Motor Vehicle Accident $250,000 Settlement
At Richmond Vona, LLC, our legal team has extensive experience handling defective drug and defective medical device claims. We can fight to get you and your family justice and the full financial compensation you are owed. From our office in Buffalo, we represent clients throughout Western New York, including in West Seneca, East Aurora, Cheektowaga, Hamburg, and Lockport.
For a free, no obligation review of your personal injury claim, please call us at (716) 300-5885.
What is the statute of limitations for a defective drug or device claim in New York?
In New York, an action to recover damages for a defective drug or defective medical device must be filed within three years (N.Y. C.P.L.R. § 214). However, there are some exceptions. Notably, the statute of limitations does not start to run until the victim knew or should have known about their injuries. With dangerous drugs and medical devices, the harm is not always immediately discoverable. This means you do not necessarily need to bring your claim within three years of when you began taking a defective medication or within three years of receiving a defective medical device but, rather, within three years of the date on which you knew or reasonably should have known that the drug or device was defective.
Will my case be handled as part of a class action lawsuit?
It is possible—but, in most cases, defective drug claims and defective medical device claims are actually filed as individual lawsuits.
Who can be held liable for a defective medical device?
All negligent parties can be held liable for damages caused by a defective medical device. Common defendants include manufacturers, testing laboratories, marketing companies, medical sales representatives, and physicians.
A Results-Oriented Focus
Our legal team is prepared to do whatever is necessary to get you the full and fair financial compensation that you deserve.
Care, Compassion & Respect
After all you’ve been through, you deserve someone to fight for you, while providing the individual attention you deserve.
Open and Honest Communication
We value communication and honesty, and we promise to always keep you informed and up to date about your case.
Personalized Legal Representation
When you entrust your case to our skilled attorneys, you become part of the Richmond Vona family - not just another case file.