1. Consumer Law Attorney NYC: Initial Case Assessment
The process begins with a detailed consultation. A skilled consumer law attorney in NYC evaluates the medical history, surgical records, and timeline of device placement and failure.
In this matter, the client, Maria, underwent breast implant surgery in May 2019 at a licensed New York facility.
In late 2021, she experienced sudden pain and visible distortion in one breast. Diagnostic imaging confirmed implant rupture, requiring surgical removal.
At the initial review stage, counsel gathered operative reports, implant identification records, pathology findings, and post-rupture treatment documentation.
Establishing a clear chronological link between implantation and premature rupture is essential in determining whether a viable manufacturing defect claim exists.
2. Consumer Law Attorney NYC: Investigating Product Defect
Once the factual foundation was established, the next step involved expert analysis.
In product liability cases involving medical devices, independent expert review is critical.
Expert Evaluation of the Implant
A biomedical engineering expert examined the removed implant and concluded that the outer shell exhibited irregular bonding characteristics inconsistent with expected manufacturing standards.
While implants are not guaranteed to last indefinitely, the expert opined that the degradation pattern suggested a potential manufacturing irregularity rather than ordinary wear.
This distinction is legally significant.
Under New York law, a manufacturing defect exists when a product deviates from the manufacturer’s intended design and is thereby rendered unsafe.
The evidence suggested that the device may have deviated from intended production specifications.
Medical providers also documented physical complications, scarring, and psychological distress.
The client underwent corrective surgery and required counseling for anxiety related to the disfigurement.
Legal Framework under New York Product Liability Law
The claim was structured under established New York product liability theories.
Strict products liability permits recovery when a product was defective at the time it left the manufacturer’s control and that defect was a substantial factor in causing injury.
In a manufacturing defect case, proof does not require showing that the manufacturer intended harm, only that the product deviated from design specifications.
The case also included a negligence theory, asserting inadequate quality control procedures in the manufacturing process.
Additionally, a breach of implied warranty of merchantability claim was considered, as medical devices are expected to be reasonably fit for their intended purpose.
By pursuing multiple legal theories, a consumer law attorney in NYC ensures that recovery is not dependent on a single argument.
3. Consumer Law Attorney NYC: Pre-Trial Litigation Strategy
After filing suit within New York’s three-year statute of limitations for personal injury claims under CPLR 214(5), the case proceeded into discovery.
During discovery, counsel sought production of internal manufacturing records, batch testing data, and quality assurance documentation for the implant model.
Depositions were scheduled to examine corporate representatives regarding manufacturing oversight procedures.
As expert findings and documentation developed, the manufacturer faced increasing litigation exposure.
Evaluating Settlement Versus Trial
Although the expert evidence was supportive, product liability trials involving medical devices can involve complex battles between competing experts.
The manufacturer could argue that patient-specific biological factors or post-surgical trauma contributed to rupture.
Maria expressed a preference for avoiding prolonged litigation and the emotional strain of trial.
An experienced consumer law attorney in NYC carefully evaluates litigation risk, evidentiary strength, and client priorities when assessing settlement options.
After negotiation, the parties reached a settlement of $125,000, along with coverage of litigation costs.
The agreement provided financial compensation for medical expenses, corrective surgery, psychological counseling, and non-economic damages such as pain and suffering.
Final Resolution
The settlement resolved all claims against the manufacturer without the need for trial.
The compensation addressed Maria’s medical treatment, residual scarring, and emotional distress resulting from the device failure.
This case illustrates how New York manufacturing defect principles apply to medical device claims and how careful expert investigation, strategic pleading, and measured negotiation can lead to meaningful recovery.
If you have suffered complications from a defective medical device, consulting a qualified consumer law attorney in NYC can help you evaluate whether a manufacturing defect, negligence, or warranty claim may be available under New York law.
The attorneys at SJKP handle complex product liability matters and provide thorough case evaluation tailored to the specific facts of each claim.
Contact us for a confidential consultation to discuss your legal options.
25 Feb, 2026
