DEFECTIVE DRUGS & DEVICES

For people injured by defective drugs or medical devices, Weitz & Luxenberg’s experienced team of attorneys, led by Paul J. Pennock and 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.
(855) 274-5624

Attorney Spotlight

Weitz & Luxenberg has nearly 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.

  • Paul Pennock practice group Co-Chair for Defective Drugs and Devices

    Paul J. Pennock

    Practice Group Co-Chair Defective Drugs and Devices

    Paul J. Pennock has been Chair of the Drug and Medical Device Litigation practice group at Weitz & Luxenberg for two decades. Widely considered one of the best and most skilled plaintiff litigators in the country, Pennock has helped recover more than a billion dollars for our clients.  He has been national co-lead counsel on major litigations and has served on numerous Plaintiff Steering Committees. Get In Contact >

  • defective drugs and devices practice group co-chair Ellen Relkin

    Ellen Relkin

    Practice Group Co-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:

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.

* Past performance is no guarantee of future results. The Actos verdict was reduced to approximately $38 million by the trial court on October 27, 2014. The settlements in which Weitz& Luxenberg played leadership roles included patients not represented by Weitz & Luxenberg.

  1. U.S. Food & Drug Administration. (2012, February 2). Drugs@FDA Glossary of Terms. Retrieved from http://www.fda.gov/Drugs/InformationOnDrugs/ucm079436.htm#D
  2. U.S. Food & Drug Administration. (2015, December 28). What is a medical device? Retrieved from http://www.fda.gov/AboutFDA/Transparency/Basics/ucm211822.htm

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