Drugs & Medical Devices

Lawyers at Meehan, Boyle, Black & Bogdanow have the resources and knowledge it takes to file a complicated product liability suit related to pharmaceuticals and medical devices in the health care industry. With years of experience, they have the knowledge and determination to challenge large drug and medical device companies in state and federal courts. MBBB’s lawyers work closely with medical experts and investigators to ensure the technology and science involved can be understood by jurors in these complex lawsuits. Meehan, Boyle, Black & Bogdanow has handled many cases involving high-profile pharmaceutical and medical device products, such as:

Children’s Motrin®
Yaz
Paxil
Granuflo
DePuy hip implants
Vaginal mesh implants
Surgical staplers

In 2013, the firm won a $63,000,000 jury verdict at trial, and later won the appeal before the Supreme Judicial Court, resulting in a judgment after appeal of over $147,000,000 including pre- and post-judgment interest against the manufacturers of Children’s Motrin® for a devastating adverse drug reaction suffered by a child.

If a family member has been injured or has died because of a malfunctioning pacemaker, a defective artificial hip or limb, or dangerous pharmaceutical drug product, MBBB lawyers can take action not only to win full and fair compensation, but also to facilitate changes in policies and procedures to make those devices and drugs safer.

Significant Cases

Reckis v. Johnson & Johnson

$63 million verdict was obtained against pharmaceutical giant Johnson & Johnson and its subsidiary McNeil-PPC, Inc. after a young girl was given over the counter Children’s Motrin^® to treat a mild fever. She developed the side-effects Stevens-Johnson Syndrome (SJS) and Toxic Epidermal Necrolysis (TEN). The little girl suffered life-altering injuries including the loss of 90% of her skin, blindness, and significant respiratory damage. The decision was affirmed by the Supreme Judicial Court in Reckis v. Johnson & Johnson, 471 Mass. 272 (2015), and, along with Robert Peck, the firm successfully convinced the U.S. Supreme Court not to review the Supreme Judicial Court’s decision. The final judgment was in excess of $147 million.

The number of recall events for medical devices has increased every year from 2020-2023.

Frequently Asked Questions

What is a drug-related injury?

A drug-related injury refers to harm or adverse effects experienced due to the use of a pharmaceutical drug. Examples include allergic reactions, organ damage, heart problems, severe psychological effects, or complications due to interactions with other medications. These injuries can range from mild side effects to severe or life-threatening conditions. Such injuries may be grounds for a legal claim if the drug was defective, had inadequate warnings, or was improperly marketed.

Can I sue a medical device company for a defective product?

Yes, you can sue a medical device company for a defective product in certain circumstances. Your lawsuit would typically fall under product liability, focusing on issues like design defects, manufacturing defects, or failure to warn consumers about potential risks. However, manufacturers of drugs and medical devices may be held immune from liability based on various legal defenses, including “federal preemption,” which, in some cases, protects manufacturers when their drugs or devices have been approved by the federal government. It's important to gather evidence of the defect and your injuries, and to act promptly due to varying statutes of limitations. Consulting with an experienced attorney is crucial to navigating these complex cases effectively.

I had an adverse reaction to a drug or medical device, what should I do?

If you have an adverse reaction to a drug or medical device, seek medical attention immediately to ensure your health and safety. Additionally, document your reaction and the product used. You may have grounds for a product liability claim against the manufacturer if the product was defective or lacked proper warnings. Consulting with an attorney experienced in medical product liability can help you understand your rights and potential legal options. Additionally, reporting an issue can help ensure that similar products are not used on other patients in the future.

Can I get compensation if I have been injured by a drug or medical device?

If you have been injured by a drug or medical device, you may be entitled to compensation. This typically involves filing a product liability lawsuit against the manufacturer, alleging that the drug or device was defectively designed or manufactured, improperly marketed, or lacked adequate warnings. The compensation can cover medical expenses, lost wages, pain and suffering, and other related damages. It is advisable to consult with an attorney experienced in this field to assess your case and guide you through the legal process.

Who is liable for drug side effects?

Pharmaceutical companies may be held liable if the side effects stem from defects in the drug's design, manufacturing errors, or failure to provide adequate warnings about potential risks. That said, manufacturers of drugs and medical devices may be held immune from liability based on “federal preemption,” which, in some cases, protects manufacturers when their drugs or devices have been approved by the federal government, or various other legal defenses. In some cases, doctors and pharmacists may also be held liable if they fail to adequately inform patients about potential risks or if they prescribe the wrong medication. Determining liability often involves a detailed investigation to ascertain whether the drug was used as intended and whether all parties involved acted with due diligence. An experienced attorney can help navigate these complexities to identify the responsible party or parties.

What should I do if I think a drug has caused me harm?

If you suspect a drug has caused you harm, the first step is to seek medical attention immediately to address any health concerns. It's crucial to inform your healthcare provider about the drug and the symptoms you're experiencing. Document your symptoms and any changes in your health, and keep a record of the drug used, including its name, dosage, and frequency. After addressing your health, consider consulting with an attorney experienced in pharmaceutical litigation who can advise you on your legal rights and the potential for pursuing a claim against the drug manufacturer or other responsible parties.

What medication side effects can someone sue for?

You can sue for medication side effects that result in significant harm or injury, particularly if they arise from issues like a drug's defective design, manufacturing errors, or inadequate warnings about potential risks. Common grounds for lawsuits include severe allergic reactions, organ damage, life-altering physical or psychological effects, and complications due to unadvertised drug interactions. The key factor is demonstrating that the side effects were unexpected, not properly disclosed, and directly led to substantial harm. It's advisable to consult with an attorney experienced in pharmaceutical litigation to evaluate the specific circumstances of your case and to understand your legal options.

Who is liable for a defective medical device?

The manufacturer is often held liable for a defective medical device, especially if the defect arises from the device's design, manufacturing process, or a failure to provide adequate warnings or instructions. In some cases distributors or retailers can also be held responsible. Additionally, healthcare providers may be liable if the injury resulted from improper implantation or use of the device. Determining liability in such cases can be complex, and usually requires a thorough investigation and legal analysis, often undertaken with the help of an attorney experienced in medical device litigation.

Client Testimonials

I recently had the opportunity to work with Meehan, Boyle, Black & Bogdanow, PC, and I must say it was a wonderful experience. From the moment I reached out to them, they were attentive, understanding, and empathetic. Dealing with a personal injury can be stressful and overwhelming. They took the time to listen to my concerns and thoroughly explain the legal process. I would highly recommend them. — Lisa M.

Working with Jeremy Carroll has been a great experience in managing my auto accident case. He listens, he is knowledgeable, experienced, and personable. He was able to achieve and negotiate a fair settlement. I would absolutely recommend hiring Jeremy! — Elisabeth W.

I had a such a pleasant experience working with my attorney, Peter Ainsworth, and his paralegal Barbara. They are reliable, trustworthy, loving, and so caring. If you are looking for an attorney that cares about you, this is the place to go!!!! — Gabriela R.

Attorney Jeremy and Barbara from his team have been so amazing to me and my family. We had a family death and Jeremy has been so professional, so patient, and so thorough every single step of the way. It has been truly one of the toughest years of our lives so far. Having Jeremy and his team's support during the whole process with court, etc. has been SO helpful. Also, what made it special is I didn't feel like I was JUST ANOTHER person, he really cares and really wanted the best for us — he knew what we were going through. THIS IS what you need on your side when you need a lawyer. Absolutely recommend him! — F.J.

Great Law Firm. Their paralegal, Nora, is so professional and very accurate, and gets back to you regarding any questions that you may have. Also, one of the attorneys, Peter, is nothing but professional and again is willing to answer any questions that you may have regarding any legal matters. THIS IS A 5 STAR FIRM AND ALL EMPLOYEES ARE VERY COMPETENT. KEEP UP THE GREAT WORK!!! — Christine S.

I was in a car accident where I had sustained physical damage to both myself and my vehicle. Meehan, Boyle, Black & Bogdanow law firm was fantastic in helping navigate compensation for the damages I sustained. The law firm did a great job communicating with me throughout the entire process and was able to negotiate the best result financially. I would highly recommend this law firm to represent you. — Todd D.

My wife and I were in an accident while riding our motorcycle. The accident was clearly the fault of the other operator. We had never hired a lawyer to represent us in a civil action before, and I wasn't even sure we needed one. But the other party's insurance company was being unreasonable, so we decided to hire a lawyer. We have a friend that works at MBBB, and they gave us a strong recommendation, so we had an initial discussion to learn the process. MBBB put Jeremy Carroll and Catherine Croteau on our case, and we could not have been happier with the process and the way things turned out. In addition to being experts at their jobs, both Jeremy and Catherine are kind, empathetic people who held our hands throughout the process. As a settlement was being negotiated and we became impatient, Jeremy talked us off the ledge a few times and asked us to trust in his experience. I'm glad we did, because I believe he maximized our settlement. In addition to being great at what they do and being extremely professional, Jeremy and Catherine are super nice people. I hope we never need it, but if we ever need representation again, we will be calling them!

Jenn and Catherine are two of the best at their job. Three words I would use to describe them are honorable, empathetic, and unwavering. The transparency of communication with them was unparalleled, and any single question I had was answered thoroughly and understandable. I would recommend the professionalism of Meehan, Boyle, Black & Bogdanow, P.C to anyone who finds themselves seeking justice in an unfortunate situation. After interviewing multiple law firms in the Boston area, I found that most firms just look at you as numbers on a spreadsheet. They lack humility, and don't realize that you are suffering in real time, not just on paper. This firm is the polar opposite, in that it is made of real people, with real understanding of what you are going through, and will do what it takes to make you feel some sense of closure. Thank you Jenn. Thank you Catherine. Thank you Meehan, Boyle et al. — Alex C.

I can't thank Meehan, Boyle, Black, and Bogdanow law firm enough for everything they did for my family during a really tough time. After a horrific auto accident that left our daughter with permanent physical and emotional damages, MBBB was there for us every step of the way. Not only did they offer expert legal advice, but they also showed genuine care and understanding. They made sure we were always informed, patiently answering all our questions and guiding us through the process, which made such a challenging situation so much easier to handle.

If you’re looking for a law firm that combines professionalism with true compassion, I highly recommend MBBB. Our amazing team—led by the incredible Jennifer, with exceptional support from Catherine and the expertise of Leo—really went above and beyond. We’re so grateful for everything they did for us.

Jeremy Carroll took on our case for a car accident. Barbara and him were wonderful. Very attentive and professional every step of the way. I would highly recommend his services anytime! — Heatherly D.

Leo Boyle and John Carroll were tireless advocates for my family and I in the wake of a devastating severe traumatic brain injury I suffered in 2009. In the months and years after my injury, while the case was pending and long after, Leo and John took a personal interest in our case, continuously advocating for our safety and mental health. They displayed great intellect, as well as dedication and patience, in developing a compelling case and securing a much-needed settlement from the defendants. While it did not reverse the harm done, it provided us with the support, closure, and financial freedom we needed to move forward. — Leslie B.

I had a very positive experience while working with Jeremy Carroll, Peter Ainsworth, and Nora Carroll at Meehan, Boyle, Black and Bogdanow law firm. All three of them treated me with respect and dignity every time we spoke on the phone or had a zoom call and I was always kept abreast with emails. I never needed to speak to any insurance company; it was all taken care of. I was never rushed nor swayed, the decision was always mine to make and my opinion was continually asked. Every aspect was handled with professionalism. I highly recommend this law office to represent you for all of your personal injuries! — Sara W.

For years I was dealing with a severe personal injury case. After being represented by four different attorneys, I finally found Meehan, Boyle, Black, and Bogdanow. I interviewed several so-called top firms and spoke to the big largest firms. Unfortunately, none of them understood the case's complexity or had a strategy to navigate successfully. I first spoke to Peter Ainsworth. He listened and showed genuine compassion and care for my situation. Peter then introduced me to the All-Star team of Jeremy Carroll and, Jennifer Denker, Nora Carroll, and then the real work began. Nora Carroll, a superstar who catalogued volumes of evidence from my previous attorneys, and coordinated obtaining additional information in an extensive medical file. Jeremy Carroll was the lead on my case and primary contact. He was invested, knowledgeable, analytical, and extraordinarily thorough. From the review stage to strategy and execution, he was exemplary. With compassion and intensity, this team of true professionals pursued my best interest. Then, when I didn't think it could get better, they added the experience and long-held wisdom of Leo Boyle. Being represented by Meehan, Boyle, Black, and Bogdanow meant the biggest disaster that happened in my life was finally resolved. I am extremely pleased with the negotiated settlement. Their efforts will make a big difference in being able to care for myself and my family. — Tyioun K.