FAQs

What counts as a defective medical device?

A medical device is considered defective if it was poorly designed, improperly manufactured, or sold without adequate warnings about known risks. The category is broad and covers implanted devices like hip replacements, hernia mesh, pacemakers, IUDs, and catheters, as well as external devices and surgical instruments. Approval by the U.S. Food and Drug Administration (FDA) does not guarantee that a device is safe, and a recall is not required before you can file a lawsuit. If you or a loved one has been harmed by a medical device, call the Roach Law Firm at (903) 645-7333 for a free consultation.

Who can be sued in a defective medical device case?

Often more parties than you might expect. Depending on what went wrong, the manufacturer, the distributor, and the company that sold the device may all share responsibility. In some cases, the surgeon or hospital can also be liable if the injury resulted from how the device was implanted rather than a flaw in the device itself. Identifying every responsible party is one of the most important things an experienced medical device lawyer does early in a case.

Does a medical device have to be recalled before I can file a lawsuit?

No. Many dangerous devices remain on the market for years before the U.S. Food and Drug Administration (FDA) acts on them. What matters is whether the device was defective and whether that defect caused your injury. If both of those things are true, you may have a valid claim regardless of whether a recall has been issued.

How much is a defective medical device case worth?

Every case is different, so there is no single answer. Compensation in these cases can cover medical expenses, the cost of additional surgeries, lost wages, and pain and suffering. Less serious cases may settle for tens of thousands of dollars, while cases involving severe or permanent injury can reach into the millions. The Roach Law Firm has recovered billions of dollars for clients in mass tort and product liability cases over the course of its history.

Do I have to pay anything upfront to hire a medical device lawyer?

Not at the Roach Law Firm. We handle defective medical device cases on a contingency basis, meaning there are no upfront fees and no out-of-pocket expenses while your case is pending. If we don’t win, you owe us nothing.

Where does the Roach Law Firm handle medical device injury cases?

The Roach Law Firm is based in East Texas and focuses primarily on cases in Texas, Arkansas, Oklahoma, and New Mexico. In Texas, the firm has deep roots in the communities of Tyler, Longview, Texarkana, Lufkin, Nacogdoches, Paris, Marshall, Sulphur Springs, Henderson, Carthage, Jefferson, Mount Pleasant, Clarksville, Gilmer, Pittsburg, Mount Vernon, Quitman, New Boston, Linden, Hemphill, and Daingerfield, as well as their surrounding areas. Call us at (903) 645-7333 to find out how we can help.

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Case Results

$17 Billion

PART OF THE LARGEST LEGAL SETTLEMENT IN U.S. HISTORY

In 1995, Nelson J. Roach and his former firm, along with four other law firms, was selected by the State of Texas to prosecute the state’s claims against the tobacco industry, seeking to recoup state monies paid to treat smoking-related illnesses.

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$730 Million

FOURTH-LARGEST JURY VERDICT IN THE NATION

In 2021, Nelson J. Roach won $730 million in a case arising from a Texas truck accident, the fourth-largest jury verdict in the U.S. that year. The case was filed by the family of an East Texas woman who was killed in a collision with a truck hauling a propeller for a Navy submarine.

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$554 Million

DEFENDING AN INVENTOR FROM CORPORATE COPYCATS

For over a decade, Nelson J. Roach and his former firm represented DataTreasury Corporation in its efforts to hold the largest banks in the United States accountable for their infringement of the tiny company’s intellectual property. Roach and his associates won $554 million in jury awards and royalties.

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$119 Million

FORCING A MINING COMPANY TO PAY UP

Nelson J. Roach represented roughly 7,000 residents of the town of Blackwell, Oklahoma, in a class action lawsuit accusing defendants Phelps Dodge Corporation and its parent company, Freeport-McMoRan Copper & Gold, Inc., of failing to properly address lead, arsenic, and cadmium contamination.

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$90 Million

STANDING UP FOR INJURED STEELWORKERS

Nelson J. Roach represented thousands of steel workers at the Lone Star Steel Mill when they began to suffer from breathing problems and cancer.

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$51.2 Million

FIGHTING ANTICOMPETITIVE PRACTICES IN POULTRY INDUSTRY

Nelson J. Roach and Michael L. Silverman fought for small farms hurt by the corporations that dominate the U.S. chicken-processing industry.

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$47 Million

JUSTICE FOR WORKERS EXPOSED TO INDUSTRIAL TOXINS

Several years after the Lone Star Steel Toxic Tort Litigation began, workers at the Red River Army Depot in the Northeast Texas area began to suffer from diseases caused by exposure to rubber products in the workplace.

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$1.1 Million

WALMART SLIP-AND-FALL CASE

In 2021, Nelson J. Roach won $1.1 million in a slip-and-fall case against retail giant Walmart. It was one of the largest verdicts in a personal injury case in Texarkana history.

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Awards and Recognitions

Awards and Recognitions

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