Defective Medical Devices and Pharmaceuticals in Rhode Island
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When you enter someone else’s property, whether it is an apartment building, a parking garage, a hotel, a bar, or a shopping center, you have a reasonable expectation that the property owner has taken basic steps to protect you from foreseeable harm. When a property owner fails to provide adequate security and someone is assaulted, robbed, or attacked as a result, that failure is not just a crime victim situation. It is a civil liability case.
At the Law Offices of Michael F. Campopiano, we represent Rhode Island victims of crimes that occurred because a property owner failed in their duty to provide reasonable security. Call us at (401) 288-3888 for a free consultation. You pay nothing unless we win.
Thousands
Medical device recalls are issued by the FDA each year, ranging from Class I (most serious) to Class III (least serious)
Pre-emption
Federal preemption is a key defense in medical device cases. It applies differently to Class III PMA-approved devices than Class II 510(k)-cleared devices.
Discovery rule
The statute of limitations in medical device and drug cases may be tolled until the injury and its cause are discovered — especially relevant for latent effects
Types of Defective Medical Device and Pharmaceutical Claims
Defective Implants
Hip replacements, knee implants, spinal disc replacements, breast implants, cardiac stents, and pacemakers have all been the subject of mass tort litigation involving defective designs or manufacturing failures. Metal-on-metal hip implants that leach toxic metal ions, breast implants linked to ALCL lymphoma, and spinal cord stimulators that malfunction have created widespread injury. Implant failure cases often involve revision surgery to remove and replace the device, which is itself a major procedure with its own risks and recovery period.
Surgical Instruments and Equipment
Defective surgical staples that fail to form a proper seal, laparoscopic instruments with electrical insulation defects causing unintended tissue burns, and robotic surgical systems that malfunction have all been the subject of significant product liability litigation.
Defective Medications and Pharmaceuticals
Drug defect claims include manufacturing defects (a contaminated batch), design defects (a drug whose risks outweigh its benefits when a safer alternative exists), and failure-to-warn claims (known side effects not adequately disclosed). The FDA’s adverse event reporting system and the drug’s NDA and labeling history are critical documents in pharmaceutical injury cases.
Medical device and pharmaceutical cases involve some of the highest damages in product liability law.
Revision surgery, permanent injury from device failure, and long-term drug side effects all require comprehensive future cost projections that MFC Law develops with qualified experts.
The Federal Preemption Defense in Medical Device Cases
Under the Supreme Court’s decision in Riegel v. Medtronic (2008), state tort claims involving Class III medical devices that received FDA approval through the Premarket Approval (PMA) process may be preempted by federal law. However, preemption does not apply to all medical device cases. Class II devices cleared through the FDA’s 510(k) process are generally not preempted. Claims that parallel federal requirements may survive preemption. Pharmaceutical drug cases are generally not subject to the same preemption defense as medical devices.
FDA Recall Classifications
- Class I: Serious health consequences or death — the highest severity
- Class II: May cause temporary or reversible health consequences
- Class III: Use unlikely to cause health consequences — the least serious
A Class I recall is powerful evidence in a product liability case. It demonstrates that the regulatory authority determined the defect was serious enough to warrant market removal. See our page on how to check if a product has been recalled.
Damages in Medical Device and Pharmaceutical Cases
- Revision Surgery Costs: Full cost of additional surgery to correct or remove a failed device plus recovery and rehabilitation
- Ongoing Medical Treatment: Specialist care and monitoring for conditions caused by the defective device or drug
- Future Medical Expenses: Projected lifetime costs where injury is permanent. See future medical expenses
- Lost Wages and Earning Capacity: Income lost during recovery and any permanent reduction in earning ability
- Pain and Suffering: Physical pain, psychological distress, and loss of enjoyment of life
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What truly impressed me was the amount of compensation I received. It's significantly more than what I got from other cases where I treated for twice as long, and those took much longer to resolve. The efficiency and effectiveness of this team are truly commendable.
Communication was top-notch throughout the entire process. I felt informed and involved every step of the way, and I was particularly pleased that I could reach out to Mike directly whenever I had questions. His accessibility made a world of difference and reassured me that I was in good hands.
If you're looking for a dedicated team that delivers results quickly and effectively, I highly recommend this firm. They exceeded my expectations, and I couldn't be happier with the outcome of my case!
I’m in a new whip, watch, kicks, it was the little jumpstart I needed to get me going. 5 months and I got it. Hit em up and be patient call every now and then and that’s it, be patient ock you’ll get paid.
Their team went above and beyond to ensure that I felt supported and informed every step of the way. They handled everything—from paperwork to negotiations—seamlessly, which completely eased my anxiety. What could have been an incredibly stressful and daunting lawsuit turned into a smooth and almost effortless process, thanks to their dedication and professionalism.
I was especially impressed with how they fought for my case. They didn’t settle for the first offer but instead pushed for what I truly deserved. In the end, they secured a settlement that was far beyond anything I ever expected. Their persistence and expertise showed me that I was in the best hands possible.
Lawsuits can be stressful, but Michael F. Campopiano and his team made the entire experience not only bearable but even empowering. If you’re looking for a legal team that genuinely cares, works tirelessly, and delivers outstanding results, look no further. I am so thankful for their help and would recommend them to anyone in need of legal representation. Thank you for everything!
Areas We Serve
- Throughout Rhode Island & Massachusetts, helping victims of personal injury get the care they deserve.
“When you choose us, you can be rest assured that you will receive personalized attention and a comprehensive legal strategy tailored to your unique circumstances. Our skilled lawyers will guide you through every step of the legal process, explaining your rights and options in clear, straightforward language.
We handle a wide range of personal injury cases, including car accidents, slip and falls, Dog Bite, and more. No matter the complexity of your case, we have the expertise and resources to fight for the compensation you deserve.”
Frequently Asked Questions: Negligent Security in Rhode Island
1. Can I sue the manufacturer if my implant failed?
Yes, subject to the federal preemption analysis. Class III PMA-approved devices face potential preemption of some state claims but not all. Class II devices generally do not face preemption. MFC Law analyzes preemption issues in every medical device case.
2. What if my drug caused serious side effects that were not disclosed?
A failure-to-warn claim may apply if the manufacturer knew about the risk and failed to disclose it adequately in the drug’s labeling. The FDA’s adverse event reporting system and the drug’s NDA history are critical evidence.
3. My device was recalled after I was injured. Does that help my case?
Yes. A recall, especially a Class I recall, is strong evidence the device was defective. MFC Law documents recall history as part of every medical device case.
4. How long do I have to file a medical device or drug injury claim in Rhode Island?
Three years from the date of injury under Rhode Island’s statute of limitations. The discovery rule may delay the start in latent effect cases.
Why Choose the Law Offices of Michael F. Campopiano
for Your Product Liability Case?
Why Choose the Law Offices of Michael F. Campopiano for Your Product Liability Case?
Founded in 2007, MFC Law has spent nearly two decades fighting for injury victims throughout Rhode Island. Michael F. Campopiano built this firm on a simple belief: advocacy with compassion, when clients need it most. That means being accessible, honest, and relentless. Mike answers client calls directly, moves quickly to preserve evidence, and does not back down when insurance companies push back.
Our team speaks English, Spanish, and Portuguese, so every client feels fully understood and supported through every step of the process.
We represent product liability victims in:
And all surrounding Rhode Island communities.
For a full overview of Rhode Island product liability claims, visit our Rhode Island Product Liability Lawyer page.
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