Read Blog
related attorneys
Related practice area
The chief of the U.S. Food and Drug Administration is pressing Congress for more muscle to block defective medical products to help prevent serious injury and death.
The request follows a slew of cases of severe injury and even death caused by faulty vaginal mesh and hip implants.
Our defective medical product attorneys understand that essentially, what the FDA is dealing with is a loophole. The agency is asking to have the authority to veto the sale of products with designs similar to those that have already been singled out or recalled for deficiencies in safety. A bill granting this authority was introduced in the House of Representatives late last month.
Sponsors of the bill are specifically citing the cases in which products such as the vaginal implants and hip replacements, which were made by Johnson & Johnson, were approved by the FDA, even though there had been concerns raised about earlier versions of the products.
FDA Chief Jeffrey Shuren hasn’t come out in full support of the House bill, but said there is a definite need for some sort of legislative remedy. In an interview with Bloomberg News, he said patients and companies need to have confidence in the products they purchase. Right now, the problem is that even if safety issues are identified, that won’t stop a product from being replicated.
The vaginal mesh implants, which were approved by the FDA in October, were using essentially the same technology and design as a product that had previously been recalled. With more than 300,000 of the new products sold in an effort to treat weak pelvic muscles. After the products were implanted, however, they caused incontinence, internal injuries and painful sex.
The program that the bill targets is the 510(k) program. This is a system that is used to review the vast majority of the medical products that hit the U.S. market every year. The process for approval doesn’t require human testing if the agency determines that there are previously approved products that are “substantially equivalent.”
Right now, the FDA must approve products that fall under this category unless they have been removed from shelves by a court order. However, most companies will issue a voluntary recall before that ever happens. That means that those faulty products can continue to be used as a jumping off point for spin-off products that use the same technology.
Bloomberg reports that in an average year, the FDA clears nearly 30 products that have been known to use technology that has already been recalled. It would seem a small number in comparison to the 3,000 products that agency reviews each year, but it’s enough to rattle consumer faith.
This bill, which was introduced by Democrats, would additionally mandate that manufacturers supply the FDA with any information about recalls of products they would be using as a basis for their own product approval. Then the FDA would have to analyze these older products to determine if the safety issues were significant enough to halt the sale of the new product.
Additional Resources:
Medical Device Loophole Needs Closing by Congress, FDA Device Chief Says, By Alex Nussbaum, Bloomberg News
Featured Articles
our attorneys
James L. Ferraro
Founding Shareholder & President
Marc P. Kunen
Shareholder
James L. Ferraro, Jr.
Shareholder
Andrew J. Ferraro
Litigation Attorney
Angelica L. Novick
Partner
Daniel J. Di Matteo
Partner
The Hon. Leslie Rothenberg (Ret.)
Partner
Ignacio J. Segurola
Litigation Attorney
Client Experiences
When individuals and families face the challenges of mesothelioma and asbestos exposure—coping with complex treatments, escalating costs, and emotional strain—they turn to Ferraro Law for clarity, guidance, and steadfast support. Through meticulous case preparation, empathetic counsel, and strategic representation, our attorneys build compelling cases that secure meaningful settlements to cover medical expenses, provide financial relief, and offer a path toward stability during difficult times.
Stephanie and all the folks at the Ferraro Law Firm were professional and excellent in handling my case. Even more importantly they were very kind and treated me like family. I would wholeheartedly recommend them to anyone. Thank Y’all so much.
Matthew F.
Working with Daniel J. Di Matteo, Attorney and Partner at The Ferraro Law Firm was and is a life-changing forever experience. He is committed to a level of professionalism and attention to detail that is at the 100th percentile. Daniel handled everything with calmness, sensitivity and support that I needed through this difficult time. He always protected me and had my best interests. I am completely satisfied with the results.
If you need an attorney that operates at the highest level, that attorney is Daniel J. Di Matteo.
Harvey W.
Ferraro Law is wonderful and I am forever grateful to them. My attorney Daniel Di Matteo fought like a tiger for me against a multibillion dollar corporation and obtained a substantial settlement for me. This settlement is life changing for me. If you need an attorney call Ferraro Law and if you’re lucky Daniel will take your case.
Florence T.
Not too long ago I picked up the phone and called the Ferraro Law Firm not quite knowing what to expect. From the moment I reached out, the team made me feel heard and taken care of — not just like another case walking through the door.
Nikki Hurtado was my first primary contact. After speaking with her I knew that I had picked the right firm. She walked me through the process in plain understandable language. Even after numerous calls, she never made me feel like I was asking too many questions, and I always felt confident that my case was in expert hands.
My litigator was Daniel Di Matteo. If there was ever anyone that you would want by your side in a court of law, it would be him. He was everything that you would want in an attorney—calm, cool, always prepared, communicative and most importantly–experienced. He knew everything that was going to happen before it occurred but was prepared for any contingency. He is a fantastic attorney.
What really set them apart was their communication. I was kept informed at every stage — no chasing down updates, no wondering what was happening with my case. Calls and emails were returned promptly, and they proactively reached out whenever there was a development.
The professionalism of the entire team — from the attorneys to the support staff — was exceptional. Everyone I interacted with was kind, compassionate, and genuinely invested in my well-being, not just the outcome of my case.
And the outcome? Better than I could have hoped for. They fought hard on my behalf and secured a result that truly reflected the impact this injury had on my life.
You could ask for no better firm or attorney.
Keeth K.
Free Case Consultation
Our Trial and Appellate Attorneys Are Ready to Fight for You
If you were seriously injured, remember that it is crucial to choose the right law firm to represent your interests. We have been doing this for more than 40 years, and have the resources you need to challenge any opponent!