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When Medical Devices and Pharmaceuticals Fail

Unsafe drugs and medical devices pose a profound risk to innocent consumers who trust that the products they use are rigorously tested and safe. Unfortunately, poorly designed or inadequately tested medical devices can lead to severe infections, secondary injuries, or even death. Similarly, pharmaceutical companies frequently push new drugs to market, only to issue recalls or warnings years later, after life-threatening side effects have already devastated families.

Many of these dangerous products remain available to the public despite documented links to catastrophic health crises. Our attorneys represent victims who have suffered life-altering injuries, including:

  • Heart failure and stroke
  • Blood clots and pulmonary embolisms
  • Liver and organ damage
  • Permanent brain and neurological injury
  • Suicide or severe mental health crises

Examples of Potentially Unsafe Drugs and Medical Devices

  • Depo-Provera Birth Control: Recently updated with FDA warnings regarding a significantly increased risk of brain tumors (meningiomas).
  • CPAP and Sleep Apnea Machines: Recalled due to toxic foam degradation that can cause respiratory illness and cancer.
  • Hip and Knee Replacement Devices: Metal-on-metal designs and defective liners that lead to cobalt poisoning, tissue death, and premature failure.
  • Transvaginal Mesh: Implants used for pelvic organ prolapse that can erode into surrounding tissue, causing chronic pain and permanent damage.
  • Pacemakers and Defibrillators: Devices with software glitches or battery defects that fail when patients need them most.
  • Antipsychotic Drugs: Medications marketed for off-label uses that may cause involuntary movement disorders or severe metabolic issues.
  • Hormone Replacement Therapies: Linked to increased risks of blood clots, strokes, and certain types of cancer.
  • Drugs Taken During Pregnancy: Medications that were marketed as safe but have since been linked to congenital heart defects, autism, or other developmental issues.

We’re Ready to Stand Up For You Serving Clients Nationwide

215-325-1954 Free Case Evaluation
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Comprehensive Medical-Legal Perspective. Multimillion-Dollar Results

To successfully litigate cases involving complex medical issues, our team includes a physician/attorney and two nurse/attorneys, along with seasoned trial lawyers who possess extensive experience in high-stakes litigation involving unsafe drugs and medical devices. Heading our team is attorney Mark W. Tanner, who served as national liaison counsel for a settlement class in the landmark Fen-Phen diet drug class action litigation in which the manufacturer of the popular drug combination that was linked to heart and lung damage paid out a settlement valued at over $7.5 billion to cover medical monitoring and injury compensation for hundreds of thousands of injured patients. 

More than 25 years later, the settlement remains one of the largest and most significant pharmaceutical settlements in U.S. history. Tanner also served as state liaison counsel in state and federal coordinated mass tort litigation involving orthopedic bone screws that were promoted by manufacturers for “off-label” use for spinal surgery, even though the FDA had only cleared the screws for use in long bones (arms and legs). The off-label use caused many patients to suffer severe injuries and failed surgeries.

Our team was also heavily involved in the nationwide Vioxx litigation, representing numerous clients who suffered heart attacks and strokes after being prescribed the popular pain management drug.

Other Notable Results Feldman Shepherd Has Achieved

  • Confidential settlement for a woman who suffered years of painful and embarrassing complications following surgical implantation of a bladder sling to treat her urinary incontinence. Our team was prepared to prove at trial that the sling manufacturer was motivated by financial gain to rush the sling to market without conducting clinical trials and disseminated misleading data regarding the efficacy of its untested product.
  • Confidential settlement against the manufacturer of a radial head prosthetic implant used to treat fractures of the radial bone, which forms part of the elbow joint. Due to defects in the design of the implant, the device failed and had to be surgically removed from our client’s elbow, leaving him with permanent nerve pain and weakness in the arm.
  • $6.5 million settlement for the family of a teenager who suffered severe brain damage after requiring the use of a defective resuscitation bag during surgery.
  • $2.2 million settlement for the victim of a stroke who had been taking a blood thinner and who relied upon a defective home test kit to measure and monitor his anticoagulation status so that he could adjust his medication dosage accordingly. As a result of the erroneous readings provided by the home test kit, the client was unaware that his International Normalized Ratio (INR) score—a measurement of how much time it takes for a patient’s blood to clot—was dangerously low, causing him to suffer an embolic cerebrovascular stroke resulting in neurologic injuries.
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Feldman Shepherd: Where Accountability Starts for Victims of Unsafe Drugs and Medical Devices

If you or a loved one has been injured by an unsafe drug or medical device, our attorneys can help secure all compensation to which you are entitled, including compensation for pain and suffering, financial losses, emotional distress, and medical expenses.  We explain what to expect at every step of your case, and each member of our team will have a detailed and intimate understanding of the issues you face. Our firm advances all litigation costs, so you never incur any out-of-pocket expenses. If we cannot recover money for you, we will never charge you a fee. Although each unsafe drug and medical device case varies according to its own unique facts and circumstances, our mission remains the same: To obtain the best possible recovery for you, as expeditiously as possible.

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Frequently Asked Questions Medical Device Recalls

Can I file a lawsuit if I was harmed by a drug or medical device that was FDA-approved?

Yes. FDA approval does not automatically protect a manufacturer from legal liability. If a company failed to disclose risks, update warnings, or act on new safety concerns, you may have a claim even after approval.

Can I file a lawsuit if my doctor prescribed the drug or implanted the medical device correctly?

Yes. Unsafe drug and medical device cases focus on manufacturer misconduct—such as defective design, inadequate testing, or failure to warn—rather than physician error. Even when used exactly as intended, a dangerous medical product can cause severe harm and give rise to a viable legal action.

How do mass tort and individual product liability cases differ?

Mass tort cases group many similar claims together for efficiency, while still allowing each person to recover for their own injuries and losses. Individual drug and medical device cases focus on one person’s claim from start to finish. The best approach depends on many factors, including how many people were affected, the type of product, and how widespread the harm is.

How do you prove an unsafe drug or medical device case?

To prove an unsafe drug or medical device case, you must show that the product was defective or unreasonably dangerous and that it caused your injury. This often involves medical records, expert testimony, and evidence that the manufacturer failed to properly test, design, or warn about risks.

Is there a deadline to file an unsafe drug or medical device lawsuit?

Yes, there is a deadline—called the statute of limitations—to file an unsafe drug or medical device lawsuit. The time limit varies by state and generally begins when you knew or should have known that the product caused your injury. Because missing this deadline can prevent you from recovering compensation, it’s important to speak with an attorney as soon as possible to protect your rights.

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