We trust medical devices to help us heal — hip and knee implants, surgical mesh, pacemakers, stents, IVC filters. When one of them is defectively designed or made, the failure happens inside the body, often requiring more surgery and causing lasting harm. New Jersey’s Product Liability Act gives patients a path to hold manufacturers accountable, though device cases have their own complexities.
Devices that commonly fail
- Joint implants — hip and knee replacements that loosen, fracture, or shed metal debris.
- Surgical mesh — hernia and transvaginal mesh that erodes or causes complications.
- IVC filters — blood-clot filters that migrate, fracture, or perforate.
- Cardiac devices — pacemakers, defibrillators, and leads.
- Other implants and surgical hardware.
The preemption complication
Medical-device cases have a wrinkle that ordinary product cases don’t: federal preemption. Devices that went through the FDA’s most rigorous premarket approval process can be shielded from certain state-law claims, while devices cleared through the lighter “510(k)” pathway generally are not. Which approval path a device took heavily affects what claims are available. This is technical terrain where the specific device and its regulatory history matter enormously — and it’s why these cases belong with a firm that will dig into the details.
What these claims involve
- Identifying the exact device — manufacturer, model, lot, and its regulatory pathway.
- Preserving the explanted device after revision surgery — do not let it be discarded.
- Medical records documenting the failure, the complications, and the revision.
- Expert analysis connecting the defect to the injury.
- The recall and adverse-event history for that device.
Deadlines and the human cost
These claims follow New Jersey’s two-year personal-injury deadline, with the discovery rule often important because device problems can surface long after surgery. The injuries — revision surgeries, chronic pain, infection, permanent damage — can be catastrophic, and serious cases may support a loss-of-consortium claim or, where fatal, a wrongful death claim.
Hurt by a failed implant or device? Save it and call
If a medical device failed inside you — especially one that’s been recalled — preserve it after any revision surgery and have the case reviewed. The regulatory details matter, and getting them right is what these cases turn on. The consultation is free.
Part of our complete guide: For every related New Jersey offense, claim, and defense in one place, see our NJ Personal Injury Guide.