Abogados de Drugs & Medical Devices

Drugs and Medical Devices Lawyers in the United States

Every year, thousands of Americans suffer serious injuries from defective drugs and faulty medical devices. When pharmaceutical companies or device manufacturers put dangerous products on the market, they can be held accountable through civil litigation. A drugs and medical devices lawyer represents people harmed by these products and fights to recover compensation on their behalf.

What Drugs and Medical Devices Law Covers

This practice area focuses on injuries caused by defective pharmaceuticals, recalled medical devices, and products with inadequate safety warnings. Cases often involve prescription medications with undisclosed side effects, surgical implants that fail prematurely, or over-the-counter drugs with dangerous formulations.

Claims may target manufacturers, distributors, or even the healthcare providers who prescribed a known dangerous product. Many of these cases become part of multidistrict litigation (MDL), where hundreds or thousands of similar claims are consolidated in a single federal court for pretrial proceedings. As of 2024, MDL cases account for over 70% of the federal civil caseload.

When to Hire a Drugs and Medical Devices Lawyer

• You experienced unexpected side effects or injuries after taking a prescription or over-the-counter medication
• A medical device such as a hip implant, hernia mesh, or IVC filter malfunctioned or caused complications
• The FDA issued a recall or safety alert for a drug or device you used
• A loved one died due to complications linked to a pharmaceutical product or implanted device
• Your doctor failed to warn you about known risks associated with a prescribed product

How the Legal Process Works

Your attorney will first review your medical records and identify the product responsible for your injury. They'll determine whether your case fits into an existing MDL or should proceed as an individual lawsuit. Expert witnesses — typically physicians and pharmacologists — are retained to establish the connection between the product and your harm.

Discovery can take months or years, especially in large-scale litigation against major manufacturers. Many cases settle before trial. The average timeline from filing to resolution in an MDL ranges from two to five years, depending on the complexity of the scientific evidence.

How Compensation Is Calculated

• Medical expenses — costs of surgeries, hospitalizations, corrective procedures, and ongoing treatment related to the defective product
• Lost wages and earning capacity — income lost during recovery and any reduction in future earning ability caused by permanent injury
• Pain and suffering — physical pain, emotional distress, and diminished quality of life resulting from the injury
• Punitive damages — additional amounts awarded when manufacturers engaged in willful concealment of safety data or reckless conduct

Frequently Asked Questions

What is the statute of limitations for a defective drug or device claim?

Statutes of limitations vary by state but generally range from one to six years. The clock often starts from the date you discovered — or reasonably should have discovered — that the product caused your injury. Some states also apply a statute of repose that sets an absolute deadline regardless of when injury was discovered.

Can I still file a lawsuit if the drug or device was FDA-approved?

Yes. FDA approval does not shield manufacturers from liability. Companies are still responsible if they withheld safety data, manipulated clinical trial results, or failed to update warning labels after new risks emerged. Courts have repeatedly allowed claims to proceed against makers of FDA-approved products.