Can You Sue for Injuries from a Defective Medical Implant in New Jersey?

Jeff Varcadipane

September 10, 2025

Defective Medical Implant

A defective medical implant can turn hope into hardship, causing pain, complications, or even the need for revision surgery. In New Jersey, thousands suffer from faulty implants. At Varcadipane & Pinnisi, PC, our New Jersey Medical Malpractice lawyers help victims pursue personal injury claims against negligent parties.

What Is a Defective Medical Implant?

A defective medical implant is a device, such as a hip replacement or surgical mesh, that fails to function safely due to design, manufacturing, or marketing flaws. Specifically, these implants can cause severe injuries like infections or device failure. For instance, the FDA reports thousands of adverse events annually. Moreover, understanding defects is key to a defective medical implant lawsuit. Thus, identifying the issue empowers your claim.

Common Types of Defective Medical Implants

Faulty implants affect various medical fields. For example, hip and knee replacements often fail, causing pain leading to complications. Furthermore, devices like IVC filters or pacemakers may malfunction. Consequently, these issues drive personal injury claims in New Jersey.

Hip/Knee Replacements: Breakage or loosening.
IVC Filters: Migration or perforation.
Pacemakers: Electrical or software issues.
Bone Grafts: Improper integration or failure.

Types of Claims for Defective Medical Implants

In New Jersey, defective medical implant lawsuits fall under product liability or medical negligence. Specifically, product liability targets manufacturers for design, manufacturing, or marketing defects. For instance, a flawed hip implant design triggers liability. Alternatively, medical negligence claims address doctors’ errors, like improper implantation. Thus, both avenues are critical for personal injury recovery.

Product Liability:
- Design Defects: Faulty blueprint causes harm.
- Manufacturing Defects: Errors during production.
- Marketing Defects: Inadequate warnings or instructions.
Medical Negligence: Doctor’s failure in implantation or care.

Who Can You Sue for a Defective Medical Implant?

Liability may involve multiple parties. For example, manufacturers are often responsible for defective designs. Similarly, hospitals or doctors may be liable for negligent implantation. Furthermore, retailers or testing labs could share fault. A New Jersey malpractice lawyer identifies all liable parties. Therefore, casting a wide net maximizes your personal injury claim.

Manufacturers: For defective design or production.
Doctors: For improper implantation or monitoring.
Hospitals: For negligence in device selection.
Retailers/Labs: For faulty distribution or testing.

How to Prove a Defective Medical Implant Claim

To win a defective medical implant lawsuit, you must prove injury, defect, and causation. Specifically, show the implant caused harm due to a flaw or negligence. For instance, medical records or FDA recall data can support your case. Moreover, expert testimony links the defect to your injury. Thus, strong evidence is essential for personal injury claims.

Injury: Documented harm, like pain or surgery needs.
Defect: Proof of design, manufacturing, or marketing flaw.
Causation: Link between defect and your injury.

Gathering Evidence for Your Lawsuit

Evidence is the backbone of a defective medical implant claim. Specifically, collect medical records and implant details. Additionally, preserve the device if removed. For instance, serial numbers trace the product’s origin. Moreover, witness statements or FDA reports strengthen cases. Thus, thorough documentation supports your personal injury lawsuit.

Medical Records: Treatment and complication details.
Implant Details: Serial numbers and manufacturer data.
FDA Reports: Recall or adverse event records.
Witness Statements: From doctors or family.
Symptom Journal: Track pain and health changes.

New Jersey’s Statute of Limitations

In New Jersey, the statute of limitations for defective medical implant claims is two years from the date of injury or discovery (N.J.S.A. 2A:14-2). For example, if complications arise later, the “discovery rule” may extend the deadline. However, missing this window bars recovery. Therefore, consult a new jersey medical malpractice lawyer immediately to protect your personal injury claim.

Standard Deadline: Two years from injury.
Discovery Rule: Extends if a defect is later found.
Government Claims: 90-day notice for public entities.

Role of the FDA in Defective Implants

The FDA oversees medical devices, issuing recalls for defects. For instance, Class I recalls signal serious risks, like death. Class II and III indicate lesser threats. Moreover, the FDA’s MedWatch program tracks adverse events. However, a recall isn’t required for a defective medical implant lawsuit. Thus, checking FDA data strengthens your case.

Class I Recall: High risk of serious harm or death.
Class II Recall: Temporary or reversible issues.
Class III Recall: Minor defects, like labeling errors.
MedWatch: Report adverse events to the FDA.

Damages Available in Defective Medical Implant Lawsuits

New Jersey allows economic, non-economic, and punitive damages. For example, economic damages cover medical bills and lost wages. Non-economic damages address pain and suffering. Additionally, punitive damages (capped at $350,000 or five times compensatory damages) punish gross negligence. A NJ malpractice lawyer maximizes your personal injury recovery.

Economic Damages:
- Medical expenses, including revision surgery.
- Lost wages and future earning potential.
Non-Economic Damages:
- Pain, suffering, and emotional distress.
- Loss of quality of life.
Punitive Damages: For reckless manufacturer conduct.

Why Hire a New Jersey Medical Malpractice Lawyer?

A NJ malpractice lawyer is essential for defective medical implant claims. Specifically, they navigate product liability and medical negligence laws. For instance, at Varcadipane & Pinnisi, PC, we work with medical experts to prove defects. Moreover, we handle negotiations and trials on contingency no fees unless you win. Thus, legal expertise ensures justice.

5 Mistakes to Avoid in Defective Medical Implant Claims

Avoiding errors strengthens your personal injury claim. However, common mistakes can derail cases. For example, discarding the implant loses key evidence. Similarly, delaying medical care weakens proof. Therefore, a NJ malpractice lawyer helps avoid these pitfalls in defective medical implant lawsuits.

Discarding Implant: Loses critical evidence.
Delaying Care: Risks undocumented injuries.
Missing Deadlines: Bars recovery after two years.
No Lawyer: Risks procedural errors.
Sharing Too Much: Avoid insurer statements without counsel.

How Long Do Defective Medical Implant Lawsuits Take?

Resolution times vary, often 12–18 months for settlements. However, trials may extend to 2–3 years. For instance, complex cases with multiple defendants delay outcomes. A NJ malpractice lawyer speeds up fair resolutions. Thus, patience and legal support are key for defective medical implant claims.

Fight for Justice with a Varcadipane & Pinnisi, PC. Medical Malpractice Lawyers

A defective medical implant can cause life-altering harm, but you can seek justice. New Jersey’s laws allow personal injury claims against manufacturers or negligent doctors. At Varcadipane & Pinnisi, PC, our medical malpractice lawyers fight for maximum recovery in New Jersey and New York.

Injured by a medical implant? Contact us at www.vplaw.com for a free consultation.

Jeffrey W. Varcadipane

Jeffrey W. Varcadipane is a Certified Civil Trial Attorney by the Supreme Court of the State of New Jersey and a Founding Partner of the Firm. He handles a variety of matters including civil and commercial litigation, appellate practice, real estate, and business law.

University: J.D. Fordham Law School

Bar Number: 29472005

Locations: New Jersey, New York, and Florida.

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Can You Sue for Injuries from a Defective Medical Implant in New Jersey?

Common Types of Defective Medical Implants

Types of Claims for Defective Medical Implants

Who Can You Sue for a Defective Medical Implant?

How to Prove a Defective Medical Implant Claim

Gathering Evidence for Your Lawsuit

New Jersey’s Statute of Limitations

Role of the FDA in Defective Implants

Damages Available in Defective Medical Implant Lawsuits

Why Hire a New Jersey Medical Malpractice Lawyer?

5 Mistakes to Avoid in Defective Medical Implant Claims

How Long Do Defective Medical Implant Lawsuits Take?

Fight for Justice with a Varcadipane & Pinnisi, PC. Medical Malpractice Lawyers

Jeffrey W. Varcadipane

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"No words to express depth of my gratitude and appreciation for Attorney Vacardipane’s expertise, patience and persistence on my behalf. I was a challenging client with a challenging case, and his patience, integrity, persistence an..."

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"I would like to personally thank our Attorneys Jeff and Noah at V&P, PC. They have always been completely transparent, dedicated, and hardworking -They have gone above and beyond to extend themselves for our matter. They come wit..."

"Jeff, Noah, and the team… saved us over $260K in questionable assessments by a board that has shown to have unethical practices, provided voices for those censored by board members suspected of corruption. They’ve been instrument..."

"Selecting the right law firm can be the difference between merely accepting a settlement and securing the highest possible compensation. Varcadipane & Pinnisi is not just any firm; they are a top-tier legal team known for their u..."

"Timely efficient and highly knowledgeable about Home Owners Association laws. Highly-qualified, recommended. "

"I want to thank you for the excellent representation offered, very professional and honest. "

"Incredible group of attorneys, paralegals and administrative staff that treat you like a person and not just a number. They truly care about your health and will provide you with incredible representation for the largest possible rec..."

"Thank you Jeffrey and your team for helping solve legal issues! Amazing firm! "

"Jeff helped me personally and I couldn’t be happier with the professionalism and the result! Great team and terrific firm! "

"Jeff and Dawn are both incredibly knowledgeable and caring attorneys who do the best for their clients. We all know that dealing with lawyers can sometimes be a challenge – I have personally used them and found my experiences t..."

"I recently had the pleasure of working with Varcadipane & Pinnisi, and I can’t recommend them highly enough. From the initial consultation to the resolution of my case, the team was professional, knowledgeable, and incredib..."

"The team at Varcadipane & Pinnisi are the best! I had an excellent experience, as their team was not only knowledgeable but also highly responsive. They provided clear guidance throughout the process. Their professionalism and de..."

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"I couldn’t be more pleased with the service and expertise provided by V&P. Their dedication, attention to detail, and clear communication made a stressful situation much easier. They went above and beyond to ensure a positive o..."

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"This firm is absolutely extraordinary. Who you choose to represent you makes a huge difference. I’m thankful they were able to represent me. "

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"Had great Experience with the firm. The attorneys as well as the staff are amazing. I would recommend them to anyone. "

"The attorneys at Varcadipane & Pinnisi, PC are extremely knowledgeable on a wide range of legal matters and they work tirelessly to achieve the best results for their clients! "

"The staff are very professional honest and accommodating. They deliver. I am very pleased and grateful. "

"Jeff Is the best lawyer in the entire world ! Not only was he fighting for me hard and firm bit he also is a genuine and caring person. I couldn’t be more grateful and thankful for him and the team ! Thank you for believing in ..."

"From the very beginning, the team at Varcadipane & Pinnisi provided us with clear guidance, comprehensive strategies, and a sense of confidence that we were in the best possible hands. The thorough preparation and attention to de..."

"Jeff Varcadipane helped and guided us through a tough dental office sale conflict. He is very professional, gives confidence to the client. I felt very confident with him being our atty. Would def recommend him!! "

"I was completely satisfied from my first conversation with Jeff Varcadipane, he answered my questions with concise, intelligent solutions to my problem. My doubts that it could not be resolved were totally erased. I would highly reco..."

"Sophia Soraya did a wonderful job winning our case. She made a hard process very easy to understand and we were very pleased. Her persistence and determination is unmatched and unlike that of the other firms who told us our case was ..."

"A terrific firm that helped my family to successfully litigate a complex real estate fraud case. Great communication from the team throughout the entire process. Everyone involved was highly skilled, explained things clearly and appe..."

"Varcadipane & Pinnisi, P.C. were incredible to work with. Their attention to detail, knowledge, and responsiveness go unmatched. I highly recommend!!! "

"My nearly 8 year long relationship with Varcadipane & Pinnisi as my legal counsel was nothing short of outstanding. Their dedication and hard work shone through every step of the way. Simply put, I was represented by my legal dre..."

"Jeff Varcadipane did an excellent job winning my case, despite the constant hurdles and excess motions of the defense. His knowledge of every part of the law was very impressive. He and Dawn really cared about my case and constantly ..."

"I had a great experience with Varcadipane & Pinnisi, P.C. law firm and would like to express my gratitude specifically to Ms. Sophia Soraya for her excellent legal assistance. I appreciate their professionalism and highly recomme..."

"Attorney Sophia Soraya and her firm were incredible. We couldn’t have been more impressed with their knowledge, care, and attention to detail. Your legal needs are in great hands with Varcadipane and Pinnisi, PC. "

"Varcadipane and Pinnisi, P.C. has been an incredible partner in navigating risk and advising on the commercial structure of multiple businesses, while providing personal counsel for the last 15 years. "

"The entire team at VARCADIPANE & PINNISI, P.C. were fantastic to work with and achieved way more than expected. I had such a hard time finding and trusting a firm to work with based on the complexity of my case. The team at VARCA..."

"We are extremely pleased with the exceptional legal services provided by Varcadipane & Pinnisi, P.C. Their professionalism, expertise, and dedication were evident throughout the entire process. I highly recommend their services t..."

"Choosing this firm to represent my family and I was the best decision I could have made! They walked us through the process and were very professional, accessible and always explained everything in detail. Dawn and her team listened,..."

"I cannot praise Varcadipane & Pinnisi, P.C. enough for their exceptional legal support, especially Mr. Varcadipane’s instrumental role in safeguarding my business. Before engaging their services, my business was operating w..."

"Thank you to Dawn who work tirelessly throughout the time that we have the case open. She even helped to find ways to reduce the cost. She is very knowledgeable and easy to reach out to. Very fair and logical by providing whats best ..."

"My name is John and my experience with Varcadipane and Pinnisi, P.C. was amazing from day one. The firm is very professional and very informative. Not all law firms are honest or easy to work with. With that said , once become a clie..."

"They say the reward is exponentially greater if you receive it when you least expect it. It sounds like a fairy tale happy ending, but it was made possible for my wife and me by the team at Varcadipane & Pinnisi, P.C. What starte..."

"I would highly recommend Varcadipane and Pinnisi, P.C. for the dedication to your individual case and your needs. They’re timely in response to your questions, they get you the answers you need, they are honest and reliable. We..."

"They are very good lawyers and they are very kind thanks for everything 😊😊 "

"It has truly been an incredible experience working with Ms. Sophia Soraya and the Varcadipane & Pinnisi, P.C. Law Firm. They have been extremely professional, diligent, and committed. Despite any challenges that appeared along th..."

"Sophia was amazing, as was her team. She was there for me through everything; super supportive and ensured I felt comfortable with every decision made. She never gave up and ultimately made a very challenging life event much easier t..."

"Jeff and his team were so helpful in solving our legal issue. Everyone was thorough and communicated every step of the process to us. We really appreciate everything they did and would highly recommend!! "

"I was very satisfied with Varcadipane & Pinnisi, P.C. They were professional and courteous in handling my case., which they handled with speed and brought a very favorable outcome to my case. I would whole heartily recommend to a..."

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