You trusted a hip, a knee, a piece of surgical mesh, or another implanted device to make your life better — and it failed you. When the device itself is the problem, the company that made it can be held responsible. We hold device makers accountable so you can heal.
A defective medical device case is different from a surgery that went wrong. As a Fort Lauderdale defective medical device lawyer, Robert DiStefano goes after the company that designed, built, or marketed the implant — not the surgeon who placed it. The question is simple: was the device unreasonably dangerous, and did it hurt you? If a hip cup sheds metal into your bloodstream, a knee implant loosens years early, or surgical mesh erodes into tissue, the maker may owe you for what you have been through.
These claims live under product liability law. There are three ways a product can be defective: a design defect (the device was dangerous as drawn up), a manufacturing defect (one bad batch or a flaw on the assembly line), and a failure to warn (the company knew about a risk and did not tell you or your doctor). One device can involve more than one theory at the same time.
Many defective implants are also tied to a recall from the U.S. Food and Drug Administration (FDA) and to multidistrict litigation (MDL) — a way courts group thousands of similar device cases for the pretrial phase while keeping each person's claim separate. You do not need to know whether your device is recalled or part of an MDL before you call. That is our job to find out. You just need to tell us what happened.
Defective-implant claims turn on product-liability rules and a strict filing deadline. Here is the law that shapes your case.
Florida strict product liability
Under Florida law, a company that puts a defective product into the stream of commerce can be held strictly liable for the harm it causes — you do not have to prove the manufacturer was careless, only that the device was unreasonably dangerous and that the defect hurt you. This is the backbone of a hip, knee, or mesh claim.
Design · Manufacturing · Warning defects
Florida recognizes design defects, manufacturing defects, and failure-to-warn claims. A device maker also has a duty to warn doctors and patients of known risks. When a company hides or downplays a danger it already knew about, that silence can be its own cause of action.
Fla. Stat. § 95.11(4)(b)
If part of your claim involves the medical care around the device, the medical-malpractice clock applies: generally two years from when you discovered, or should have discovered, the injury, with an outer limit of four years. A pure product claim against the manufacturer can follow a different deadline — which is exactly why timing must be reviewed early.
Fla. Stat. § 95.11(4)(a) amended 2023
A 2023 Florida reform cut the deadline for most negligence claims from four years to two years. Device cases can blend product-liability and negligence theories, so this shorter window may matter to your claim. Waiting to call can cost you the case no matter how strong it is.
This page provides general information about Florida law and is not legal advice. Statutes and case law change; your specific case requires a consultation.
The device makers are usually national corporations headquartered far from Florida — but the surgery happened here, your records are here, and so are you. Robert DiStefano works out of Fort Lauderdale and knows the Broward hospitals and orthopedic centers where these implants are placed every week.
The company that made your implant may be a thousand miles away. Your lawyer should not be.
You will not be passed to a call center or a rotating cast of junior staff. Robert DiStefano has practiced Florida personal-injury law for more than 40 years, and he is the attorney who reviews your device claim, gathers your medical records, and pushes the manufacturer. Device cases are document-heavy and technical — recall notices, FDA filings, surgical records — and that experience is exactly what they take.
You pay nothing up front. We take defective-device cases on contingency: no fee unless we recover for you. Your first case review is free, confidential, and same-day. See how we handle these cases →
Call or send the form. We listen, ask about your device and your symptoms, and tell you honestly whether you have a claim — at no cost to you.
We pull your records, identify the exact make and model, and check it against FDA recalls and any active litigation against the manufacturer.
We build the product-liability claim and press the company for full value — medical bills, lost income, and the pain the failure caused you.
★★★★★
“The best lawyer in South Florida. Thank you DiStefano for all the hard work that you and your team have done to get me amazing results.”
Taravia Google
★★★★★
“I had a wonderful experience with Robert! He fought hard for me and kept me in the loop the whole time. The whole office is just great!”
Paulavia Google
★★★★★
“Mr. DiStefano is the best! Kept me up to date with everything, and his paralegal Michelle also kept us informed. Happy with my settlement — I highly recommend him.”
Stacy Leevia Google
Tell Robert what happened. Your case review is free, your call is confidential, and there is no fee unless we recover for you.
(954) 572-8000