DEFECTIVE DRUGS & DEVICES

For people injured by defective drugs or medical devices, Weitz & Luxenberg’s experienced team of attorneys, led by Ellen Relkin, can help discuss your legal options.

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How We Can Help

Drugs and medical devices must gain approval from the U.S. Food & Drug Administration (FDA) to be sold in the U.S. However, approval does not guarantee a drug or medical device is safe. In fact, a defect in the product, incomplete labeling, or insufficient warnings can cause physical, psychological, or emotional injury. The manufacturer, not the FDA, is responsible for ensuring that its label is updated to protect the public safety.

Weitz & Luxenberg is committed to holding drug and device makers and marketers accountable for the harm they cause. For 30 years, we have strived to help innocent victims harmed by defective drugs and defective medical devices obtain the justice that they deserve.

Weitz & Luxenberg helped win a $9 billion jury verdict that included, at the time, the seventh-largest determination of punitive damages awarded in the U.S.*
Our firm played key roles in negotiating separate $2.5 billion and $1 billion settlements for our clients and those of other firms who had been implanted with certain types of defective hip implants.
A nationally recognized personal injury law firm, we have nearly 500 dedicated lawyers, paralegals, and support professionals.

We would feel privileged to assist you. For a free consultation and more information about your legal options, please contact us today.

(833) 544-0604

Attorney Spotlight

Weitz & Luxenberg has over 100 attorneys ready to fight for you, many of whom have decades of experience, and all are at Weitz & Luxenberg because they care about the clients we represent.

Ellen Relkin
PARTNER and PRACTICE GROUP CHAIR Defective Drugs and Devices

Ellen Relkin has represented thousands of people injured by defective medical products, with a recent focus on failed metal-on-metal hip implants and modular hip implants and SGLT2 Inhibitor medications Invokana and Farxiga She’s been consistently named as a Super Lawyer in New York and New Jersey, and she serves in many court-appointed leadership roles. Get In Contact >

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About Dangerous Drugs & Devices

A surgical procedure that’s gone wrong; prolonged pain and weakness; an inability to return to work or resume your normal activities — these are all potential complications, among many others, that can occur as a result of dangerous drugs or medical devices. Such defective medical products can have a negative impact on your life and the lives of your loved ones. In many cases, the injuries caused by certain drugs or devices are more debilitating than the condition that first led to their use. Fortunately, injured consumers can obtain exceptional representation with Weitz & Luxenberg.

How the FDA Defines Drugs & Devices

The FDA defines the term “drug” as a substance:

Recognized by an official pharmacopoeia or formulary.
Intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease.
Intended to affect the structure or any function of the body (other than food).
Intended for use as a component of a medicine but not a device or a component, part or accessory of a device.⁽¹⁾

The FDA defines the term “device” as an instrument, apparatus, implement, machine, contrivance, implant, in vitro reagent, or other similar or related article, including a component part or accessory:

Recognized in the official National Formulary, or the United States Pharmacopoeia, or any supplement to them.
Intended for use in the diagnosis of disease or other conditions, or in the cure, mitigation, treatment, or prevention of disease, in man or other animals.
Intended to affect the structure or any function of the body of man or other animals, and which does not achieve any of its primary intended purposes through chemical action within or on the body of man or other animals and which is not dependent upon being metabolized for the achievement of any of its primary intended purposes.⁽²⁾

Current Drugs & Devices Cases

No law firm can restore anyone’s life or health, but Weitz & Luxenberg can help seek compensation through exceptional legal representation for harm caused by drugs and devices, including but not limited to:

Hip Replacements
Some hip implants have inherent problems with their design, which can lead to high failure rates, metallosis, infection, dislocation, or immobility.
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Exactech Knee Implants
Some knee implants liners suffer from preventable manufacturing and packaging errors, which can lead to high failure rates, bone loss, and difficulty walking.
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3M Combat Arms Earplugs
Servicemen and servicewomen in some branches of the U.S. military were issued 3M Dual-Ended Combat Arms earplugs, which may have failed to perform correctly.
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Elmiron
Studies suggest taking Elmiron (pentosan polysulfate sodium), approved to treat interstitial cystitis, puts you at risk for developing certain types of eye damage.
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Philips PAP, CPAP and Ventilator
Philips announced a voluntary recall of some of its sleep and respiratory care devices in mid-June. The recall was issued for multiple devices, based on the risk of injury.
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If you were hurt by a drug or device, or your loved one was harmed by or died from a medical product, let us know, so that we can potentially help.

Notable Verdicts & Settlements

A nationally recognized personal injury and mass tort law firm, Weitz & Luxenberg has won $17 billion in settlements and verdicts.^*

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Clara S.’s Story

You and your staff are to be commended. I have never been involved in a litigation before and had no idea what would happen. You relieved that tension.

Barbara Zimmerman’s Story

Going with Weitz & Luxenberg was the right choice. The firm fought hard and got for me a much larger amount of money in compensation than I thought I would see. Read More

Nina Young’s Story

I chose Weitz & Luxenberg because the firm has a reputation for working really hard. I went with them because I didn’t want just anybody representing me. I felt that, if I was going to sue,… Read More

Filing a Drugs & Device Lawsuit

Most victims who contact Weitz & Luxenberg have never before filed a lawsuit. They don’t know their legal rights. Their primary concern is with their health or that of a loved one — and rightfully so. Our attorneys are here to explain your legal options and handle the legal burden so you don’t have to.