Defective Medical Devices And Drugs

Our California-based defective medical device lawyers have the experience and resources to thoroughly investigate and prosecute injuries and disabilities claims that arise from the use of defective and dangerous prescription and nonprescription drugs, supplements, over-the-counter remedies, and medical prostheses and devices.

Courts often give great deference to Food and Drug Administration approval, but recent history tells us that approval by the FDA means little, if anything, about the safety of pharmaceuticals.

By the time a drug or device is recalled by the manufacturer or the U.S. government, many people may have already been killed or injured. Our attorneys have handled cases involving ASR hips, Stryker hips, Sulzer hips, INFUSE Bone Grafts, OB tape, vaginal mesh, contaminated heparin, Actos, Vioxx, Bextra, Rezulin, silicone breast implants, Fen-Phen, L-Tryptophan, defective IUD birth control devices and a host of other drugs and devices.

With a full-time physician/attorney on our staff, our legal team is set apart from other personal injury law firms by our ability to provide our clients with resources for investigating dangerous drug and device cases. Our lawyers have served as lead counsel in major pharmaceutical cases against Johnson & Johnson, DePuy Orthopaedics, Medtronic, A.H. Robbins and a host of other major international pharma companies.

Experienced Bay Area Injury Attorneys

When, in the relentless pursuit of profit, drug companies cause needless death by ignoring potentially disabling and fatal side effects, you need attorneys who have done battle with these corporate giants and won.

Each year, numerous defective or poorly designed medical devices cause deaths and severe injuries. Some of these devices are immediately recalled, while others are allowed to linger on the market.

Our product liability group represents the survivors of deceased patients whose deaths were the result of defective medical products. Successful claims against the makers of medical instruments, prosthetic devices and implants involve multiple findings, working with experts in many fields, exhaustive investigation and significant financial resources.

At Walkup, our pharmaceutical liability attorneys have the experience, resources and network of medical experts and investigators to successfully pursue such claims, whether on behalf of an individual client or a group (or a class) of plaintiffs injured by the same device.

We are working on or have worked on claims against the makers of potentially dangerous drugs, medical instruments and devices, including:

  • Actos
  • Accutane
  • Arrow Sheath Introducers
  • Baxter dialysis filters
  • Biomet hip replacements
  • Boston Scientific infusion ports
  • Children's Motrin
  • Cordis Precise RX stents
  • DePuy ASR hip implants
  • Guidant Multi-Link Vision stents
  • Guidant pacemakers
  • Lipitor
  • Medtronic defibrillators
  • Medtronic insulin pumps
  • Merida
  • OB tape
  • Pradaxa
  • Paxil
  • Stryker Rejuvenate hips
  • SSRIs
  • Transvaginal mesh

If a defective medical device caused a family member injury or death, it is critical that you speak to an attorney as soon as possible. Because cases involving defective medical devices are complex and expensive and issues of federal safety and FDA approval may pre-empt state law, you need an experienced and competent team of wrongful death medical device specialists.

The California medical product liability law firm of Walkup, Melodia, Kelly & Schoenberger is prepared to help. We are prepared to determine whether the device, prosthesis, instrument or implant was properly designed and manufactured, whether appropriate and adequate warnings and instructions were provided, whether sufficient testing was done prior to placing the product on the market, and whether the manufacturer, in the hope of making substantial profit, overpromoted the safety, effectiveness or benefits of the device.

Because of strict timelines that govern the prosecution of product liability claims both in California and Nevada, it is imperative that you meet with one of our California attorneys as soon as possible to preserve your claim.

For a free consultation to discuss your case, call us at 888-799-3968 or contact our firm online.

Examples Of Our Successful Representation Of Dangerous Drug And Device Cases

Kransky Vs. DePuy-ASR — $8.35 Million Jury Verdict

Our trial lawyers tried the very first successful case against Johnson & Johnson and DePuy Orthopaedics for injuries caused by the ASR metal-on-metal hip prosthesis. The record-breaking jury verdict in that case was $8.35 million.

Prior to trial, the settlement offer had been less than $200,000. The case demonstrated the various defects in the device and has forced Johnson & Johnson and DePuy to take steps to resolve the more than 9,000 cases pending nationwide.

Dangerous Surgical Instrument — $5,125,000 Settlement

Our medical device lawyers obtained a settlement in the amount of $5,125,000 on behalf of a 54-year-old university teacher who underwent treatment with a surgical device, recently designed and introduced on the market, to treat gastroesophageal reflux disease (also known as heartburn). The surgery was to be "minimally invasive," but instead the medical device caused significant burning and scarring of our client's esophagus.

She went on to suffer esophageal rupture, sepsis and major organ failure and lapsed into a coma. The maker of the device claimed that it could not be sued because the device had been approved by the Food and Drug Administration. Our attorneys prevailed on a motion for summary judgment in the trial court, and the case was then resolved by way of settlement just before trial.

Defective Heart Stent — Major Confidential Settlement

Our attorneys represented the surviving wife and children of a man who died after undergoing heart catheterization using a recently invented stent. The stent caused a massive blood clot, which resulted in a fatal myocardial infarction.

Our medical device team was able to find experts in the field who showed that the manufacturer's premarket investigation and testing were inadequate and that the instructions given to operating surgeons regarding the use of blood thinning medications in association with the device were not strong enough to adequately educate prescribing physicians.

Dangerous Diabetes Drug — $2.5 Million Settlement

Our pharmaceutical injury lawyers successfully recovered $2.5 million on behalf of a 63-year-old Sacramento woman who was prescribed a diabetes drug that resulted in liver failure. The drug had been approved by the FDA, but was later recalled.

The manufacturer initially claimed that the drug was safe. However, our attorneys were able to demonstrate that the manufacturer knew about problems with impaired liver function, but never adequately warned doctors or the public about this side effect and limited any mention of possible liver damage to the "fine print" of its package insert. Because of the manufacturer's failure to tell prescribing doctors about the problem, our client's physicians were unaware that her liver failure was due to the drug.

Dangerous And Defective Urological Surgical Instrument — $1.4 Million Settlement

Walkup medical product liability lawyers negotiated a $1,409,999 settlement on behalf of a 41-year-old plaintiff who underwent a urethrotomy to dissect scar tissue. During the procedure, the tip of the surgical instrument fractured. The surgeon used a surgical grasper to retrieve the piece of the fractured blade. He then attached a second blade and attempted to cut through the scar tissue once again, only to have the second blade fracture as well.

This time, the fracture fragment immigrated behind the pubic symphysis, making an open procedure and wide exploration necessary to remove the broken piece. The retrieval surgery lasted more than five hours. The plaintiff suffered significant blood loss intraoperatively. His kidney function deteriorated and he required dialysis following surgery. He remained in the hospital for three weeks. The surgical wounds behind the scrotum and abdomen took months to heal, requiring the plaintiff to miss work for almost one year.

L-Tryptophan — Multimillion-Dollar Settlements

Our product liability team represented 23 clients who had taken the over-the-counter supplement L-Tryptophan. They developed a wide variety of problems, including elevated blood pressure, stroke and heart disease. Our drug product specialists negotiated settlements ranging from $100,000 to well over $1 million.

Vaginal Mesh Victims – Multiple Major Confidential Settlements

Our medical product liability lawyers have represented many women who were implanted with defective Mentor and Bard urological incontinence devices that failed and caused serious injuries. Our medical product liability lawyers tried the very first OB tape case in California in 2008.