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Medical Device LawsuitUnited States / 2026

2026 guide / United States

How to choose a medical device lawyer

A plain-English checklist for injured people and families: what to ask, how fees work, and why the FDA approval path matters.

Last checked

See all five side by sideSee each firm's profile

The shortlist / TL;DR

Quick verdict

See each firm's profile

Pick a lawyer who takes your exact device, tells you in writing what the fee is, and says whether your case stays with that firm or goes to another. Ask whether the firm holds a court-appointed MDL seat or works with one. Ask how it will answer an FDA preemption defense. Schmidt & Clark is one firm that offers a 24/7 free case review.

  • ABA Model Rule 1.5(c) says a contingency fee agreement must be in writing and signed by the client, and must state the percentage and how costs are handled.
  • Any licensed firm can file your case into a federal MDL. Court-appointed lead firms run the shared work for every plaintiff.
  • Devices with FDA premarket approval (PMA) face a stronger preemption defense after the Supreme Court's 2008 decision in Riegel v. Medtronic.
  • Filing deadlines differ by state: 1 year for personal injury in Tennessee, 2 years in California and Texas, 3 years in New York.

Comparison

A shortlist of firms that take medical device cases, as of October 29, 2026.
Law firmMakes sense forYear foundedMain officeCourt-appointed seatsFee terms
1 Levin Papantonio RaffertyHernia mesh cases; co-lead counsel in both federal hernia mesh MDLs, according to the firm1955Pensacola, FloridaCo-lead, Bard hernia mesh MDL 2846 (firm-stated); Co-lead, Covidien hernia mesh MDL 3029 (firm-stated); Steering committee, Philips CPAP MDL 3014; Steering committee, Bard IVC filter MDL 2641No fee unless the firm wins
2 The Lanier Law FirmBard PowerPort and Bard hernia mesh cases; co-lead seats in both MDLs1990Houston, TexasCo-lead, Bard port catheter MDL 3081; Co-lead, Bard hernia mesh MDL 2846Contingency fee; nothing paid upfront
3 Schmidt & Clark, LLPNationwide intake with a 24/7 free case review line; partner board-certified in personal injury trial law; takes all six device case types covered on this site2005Washington, DCNo seat found in court recordsFree case review; phone line open 24/7
4 Seeger WeissPhilips CPAP cases; co-lead counsel in the CPAP MDL1999Ridgefield Park, New JerseyCo-lead, Philips CPAP MDL 3014Not listed on the page we reviewed
5 Wisner BaumSpinal cord stimulator cases; co-lead counsel in the Boston Scientific MDL 3181Not publishedLos Angeles, CaliforniaCo-lead, spinal cord stimulator MDL 3181Contingency ("No Fees Unless We Win")

The firms

Levin Papantonio Rafferty

Makes sense for: Hernia mesh cases; co-lead counsel in both federal hernia mesh MDLs, according to the firm

Levin Papantonio Rafferty is a mass-tort firm in Pensacola that opened in 1955. Firm lawyer Tim O'Brien holds a co-lead seat in each of the two federal hernia mesh MDLs, one for Bard and one for Covidien.

Main office
Pensacola, Florida
Year founded
1955
Fee terms
No fee unless the firm wins
Device cases it advertises
hernia mesh and Philips CPAP

Seats assigned by a court

  • His firm bio says Timothy M. O'Brien became co-lead counsel in the Bard hernia mesh MDL (MDL 2846) in September 2018. Proof
  • His firm bio also says O'Brien became co-lead counsel in the Covidien hernia mesh MDL (MDL 3029, D. Mass.) in September 2023. Proof
  • A March 2022 order put Virginia M. Buchanan on the Plaintiffs' Steering Committee for the Philips CPAP MDL (MDL 3014). Proof
  • A February 2019 order named Matthew Schultz to the Plaintiffs' Steering Committee for the Bard IVC filter MDL (MDL 2641). Proof

Results the firm or court published

  • Patterson v. Covidien, the first Covidien hernia mesh bellwether, ended in an $88 million verdict on August 4, 2026. O'Brien's bio credits him with helping win it. Proof
  • Aaron Stinson won $500,000 at a Bard PerFix Plug hernia mesh bellwether trial in MDL 2846. Proof

Ask about this

  • Bard PowerPort, IVC filter, spinal cord stimulator and Nexplanon cases are missing from its list of device cases.

Firm site: levinlaw.com

The Lanier Law Firm

Makes sense for: Bard PowerPort and Bard hernia mesh cases; co-lead seats in both MDLs

Mark Lanier started The Lanier Law Firm in Houston in 1990. It is a trial firm, and its lawyers sit as co-lead counsel in two Bard MDLs: port catheters and hernia mesh.

Main office
Houston, Texas
Year founded
1990
Fee terms
Contingency fee; nothing paid upfront
Device cases it advertises
Bard PowerPort and hernia mesh

Seats assigned by a court

  • On September 19, 2023, the court named Rebecca Phillips as one of three plaintiffs' co-lead counsel for the Bard implanted port catheter MDL (MDL 3081, D. Ariz.). Proof
  • Kelsey L. Stokes serves as plaintiffs' co-lead counsel in the Bard hernia mesh MDL (MDL 2846, S.D. Ohio). She joined the firm, and her appointment was updated by a February 23, 2026 order. Proof

Results the firm or court published

  • In March 2016, a jury awarded five plaintiffs $502 million against J&J/DePuy over Pinnacle metal-on-metal hip implants. Proof
  • In December 2016, a second Pinnacle hip bellwether produced a $1.04 billion verdict for six plaintiffs, the firm says. Proof

Ask about this

  • Appeals often cut or overturn big verdicts. Ask what finally happened in the firm's past device trials.

Firm site: lanierlawfirm.com

Schmidt & Clark, LLP

Makes sense for: Nationwide intake with a 24/7 free case review line; partner board-certified in personal injury trial law; takes all six device case types covered on this site

Schmidt & Clark represents injured people one case at a time, taking clients from every part of the U.S. Most of its work is mass torts: defective products, medical devices, dangerous drugs and toxic exposure.

Schmidt & Clark has no court-appointed device MDL role on record and does not publish device results. Ask whether your case would stay with the firm or be referred to co-counsel, which is common in mass torts.

Main office
Washington, DC
Year founded
2005
Fee terms
Free case review; phone line open 24/7
Device cases it advertises
hernia mesh, spinal cord stimulators, Philips CPAP, Bard PowerPort, IVC filters and Nexplanon

Awards and certifications

  • The firm says Best Lawyers put it on the "Best Law Firms" list for 2026. Proof
  • The Texas Board of Legal Specialization has board-certified partner C.L. Mike Schmidt in both Personal Injury Trial Law and Civil Trial Law. The National Board of Trial Advocacy has certified him in Civil Trial. Proof
  • The firm says it has made the Super Lawyers list for 19 straight years. Proof

Ask about this

  • Its website lists no individual verdict or settlement figures. Ask what it has won in cases like yours.
  • Mass tort cases are often passed to co-counsel. Ask if the firm will keep your case or refer it out.

Firm site: schmidtandclark.com

Seeger Weiss

Makes sense for: Philips CPAP cases; co-lead counsel in the CPAP MDL

Seeger Weiss opened in New Jersey in 1999 and handles mass torts and class actions. A court appointed co-founder Christopher Seeger as a co-lead counsel for the Philips CPAP MDL.

Main office
Ridgefield Park, New Jersey
Year founded
1999
Fee terms
Not listed on the page we reviewed
Device cases it advertises
Philips CPAP, Bard PowerPort and Atrium C-QUR hernia mesh

Seats assigned by a court

  • A March 24, 2022 order made Christopher A. Seeger one of four plaintiffs' co-lead counsel for the Philips CPAP MDL (MDL 3014, W.D. Pa.). Proof

Results the firm or court published

  • In 2024, Philips settled the CPAP personal-injury claims for $1.075 billion, with a separate $25 million settlement for medical monitoring. Proof
  • The Philips CPAP economic-loss class settlement won final approval on April 25, 2024. The firm puts its value at over $500 million. Proof

Ask about this

  • A settlement figure covers every claimant combined. No single person receives that amount.

Firm site: seegerweiss.com

Wisner Baum

Makes sense for: Spinal cord stimulator cases; co-lead counsel in the Boston Scientific MDL 3181

Wisner Baum is a trial firm in Los Angeles that went by Baum Hedlund Aristei & Goldman until January 2023. It tried the first Roundup cancer cases, and today it is a co-lead firm in the federal Boston Scientific spinal cord stimulator cases.

Main office
Los Angeles, California
Fee terms
Contingency ("No Fees Unless We Win")
Device cases it advertises
spinal cord stimulators (Abbott, Boston Scientific, Medtronic, Nevro), Philips CPAP, IVC filters and port catheters incl. Bard PowerPort

Seats assigned by a court

  • On August 13, 2026, Behram V. Parekh was named one of three co-lead counsel for the Boston Scientific spinal cord stimulator MDL (MDL 3181, C.D. Cal.). Proof

Ask about this

  • Most results the firm publishes come from non-device cases. Ask how much device trial work it has done.

Firm site: wisnerbaum.com

Every result shown comes from the firm's own published record or from court filings. Prior results do not guarantee a similar outcome.

In one minute

A good fit is a lawyer who takes your exact device, explains the fee in a signed written agreement, and tells you who will work on your case. Free case reviews make it easy to talk to two or three firms before you sign.

Four firms in the shortlist below have lawyers in court-appointed co-lead seats in device MDLs. Schmidt & Clark has no MDL seat on record. It takes all six device cases covered on this site and answers its free case review line 24/7. Texas has board-certified partner C.L. Mike Schmidt in both Personal Injury Trial Law and Civil Trial Law.

Questions to ask every firm

Question Why it matters
Do you take cases about my exact device and maker? Device cases are grouped by maker. A firm may take Bard cases but not Covidien cases.
Will my case stay with your firm or be referred? Referrals are common in mass torts. You should know who will do the work.
Who will be my main contact? You will need answers for months or years. Get a name.
What is your fee, and how are case costs handled? The fee and costs come out of any recovery. Get both in writing.
Do you hold a seat in the MDL for my device, or work with a firm that does? Lead firms run discovery and bellwether trials for every plaintiff in the MDL.
How will you handle an FDA preemption defense? Some devices get stronger legal protection from federal law.
What results have you had in cases like mine? Many firms do not publish amounts. Ask anyway.

Lead firm, filing firm or referral firm

Most federal device cases are grouped into a multidistrict litigation, or MDL. Under 28 U.S.C. § 1407, one judge handles pretrial work for cases from many districts. Each case stays individual and can be sent back to its home court for trial. An MDL is not a class action. In a class action under Federal Rule 23, a few people sue for a whole group, and the judgment binds members who did not opt out.

Three kinds of firms take part in device MDLs:

Type of firm What it does What to ask
Court-appointed lead firm A judge names its lawyers as co-lead counsel or to a steering committee. They run discovery, motions and bellwether trials for every plaintiff. How many cases does it file itself, and who handles yours day to day?
Filing firm Files and manages individual cases in the MDL. It uses the shared work the lead firms produce. Does it work with the lead firms, and how often will it update you?
Referral firm Signs up clients and sends cases to another firm, often sharing the fee. Which firm will handle your case, and is the fee split in writing?

Any of these can serve you well. What matters is that you know which one you are hiring. ABA Model Rule 1.5(e) lets lawyers from different firms split a fee only if the split matches the work each does or each firm takes joint responsibility for the case, the client agrees in writing to each firm’s share, and the total fee is reasonable.

Court orders name who holds MDL seats. On this site’s shortlist, Lanier’s Rebecca Phillips co-leads the Bard port catheter MDL. Seeger Weiss’s Christopher Seeger co-leads the Philips CPAP MDL. Wisner Baum’s Behram Parekh co-leads the Boston Scientific stimulator MDL. Levin Papantonio’s Tim O’Brien co-leads both hernia mesh MDLs, according to his firm bio.

Contingency fees, explained

Most device injury lawyers work on a contingency fee. You pay no fee up front. The lawyer takes a percentage of any settlement or verdict. If there is no recovery, ask whether you would owe anything for case costs.

ABA Model Rule 1.5(c) sets out what a contingency agreement must contain. Under it, the agreement must:

  • Be in writing and signed by you
  • State the percentage the lawyer gets after settlement, trial or appeal
  • List the expenses that come out of the recovery
  • Say whether expenses are taken out before or after the fee is figured
  • Tell you about any expenses you must pay even if you lose

When the case ends, the lawyer must give you a written statement of the outcome. If there is a recovery, it must show what you received and how that was figured.

FDA approval and preemption risk

How a device reached the market can shape your case. The FDA uses two main paths:

Path What it means Effect on a lawsuit
Premarket approval (PMA) The FDA’s most stringent review, used for Class III devices that support or sustain life or present a potential unreasonable risk. Riegel v. Medtronic (2008) bars many state-law claims challenging the device’s safety or effectiveness.
510(k) clearance The maker shows the device is “substantially equivalent” to one already sold. The FDA “clears” it rather than approving it. Not covered by the Riegel ruling.

In Riegel, the Supreme Court left open “parallel” claims based on a maker breaking FDA requirements. That is why spinal cord stimulator lawsuits, which involve PMA devices, focus on how the makers used the PMA and supplement process. Read more on the spinal cord stimulator lawsuit firms page. Ask any firm whether your device is PMA or 510(k), and what that means for your claim.

Filing deadlines

Every state limits how long you have to file. These are examples for personal injury claims:

State Deadline Law
Tennessee 1 year from the injury Tenn. Code § 28-3-104
California 2 years Code Civ. Proc. § 335.1
Texas 2 years Civ. Prac. & Rem. Code § 16.003
New York 3 years; for some substance exposures, 3 years from discovery CPLR 214, 214-c

Rules on when the clock starts differ by state. Some states also have an outer limit that applies no matter when you found out. Before you decide anything else, ask a lawyer what deadline applies in your state.

Red flags

Be careful with any lawyer who:

  • Will not give you a written fee agreement before you sign
  • Cannot tell you which firm or lawyer will handle your case
  • Pushes you to sign during the first call without time to read
  • Promises a specific dollar amount for your case
  • Cannot say how cases about your device are moving in court

Prior results do not guarantee a similar outcome, and no honest lawyer can promise one.

Compare more firms

This shortlist covers five firms. The homepage compares eight firms and explains the measures we checked. The side-by-side comparison lists each firm’s device cases, MDL seats, results and fees. If you have hernia mesh, see the hernia mesh lawsuit firms page.

Quick answers on device lawsuits

Do I need a local lawyer for a medical device case?

Not always. Most device cases are filed in a federal MDL, where one judge handles pretrial work for cases from across the country. Many firms take MDL cases from any state. Ask whether the firm can file in the court where your case belongs.

What percentage do medical device lawyers charge?

Fees vary by firm and state, so ask for the number. Under ABA Model Rule 1.5(c), a contingency fee agreement must be in writing, signed by you, and must state the percentage for settlement, trial or appeal. It must also say whether costs come out before or after the fee is figured.

What is FDA preemption?

Preemption means federal law blocks some state-law claims. In Riegel v. Medtronic (2008), the Supreme Court held that many state-law claims against devices with FDA premarket approval are barred. Claims based on a maker breaking FDA rules were left open. Devices cleared through the 510(k) process were not part of that ruling.

Is it a problem if my lawyer refers my case to another firm?

Not by itself. Referrals and co-counsel arrangements are common in mass torts. ABA Model Rule 1.5(e) lets lawyers in different firms share a fee only if the split matches the work each does or each firm takes joint responsibility for the case, you agree in writing to each firm's share, and the total fee is reasonable. Ask who will do the work and who you will talk to.

How long do I have to file a device lawsuit?

It depends on your state and when you learned of the injury. The examples on this page range from 1 to 3 years for personal injury. Ask a lawyer about your state's time limit right away.

References

  1. ABA: Model Rule 1.5, Fees
  2. Cornell LII: 28 U.S.C. § 1407, multidistrict litigation
  3. Cornell LII: Federal Rule of Civil Procedure 23
  4. Cornell LII: Riegel v. Medtronic, Inc., 552 U.S. 312 (2008)
  5. FDA: Premarket approval (PMA)
  6. FDA: Premarket notification 510(k)
  7. JPML: MDL 3181 transfer order, Boston Scientific spinal cord stimulators (June 5, 2026)
  8. Justia: California Code of Civil Procedure § 335.1
  9. Texas Legislature: Civil Practice and Remedies Code § 16.003
  10. New York State Senate: CPLR 214
  11. New York State Senate: CPLR 214-c
  12. Tennessee Court of Appeals opinion applying Tenn. Code § 28-3-104
  13. Federal court in Arizona: Case Management Order No. 1 in MDL 3081 (September 19, 2023)
  14. U.S. District Court, W.D. Pa.: MDL 3014 Supplemental Pretrial Order #8 (March 24, 2022)
  15. U.S. District Court, C.D. Cal.: MDL 3181 Pretrial Order No. 2 (August 13, 2026)
  16. Levin Papantonio Rafferty: Timothy M. O'Brien bio
  17. Schmidt & Clark: Attorneys (board certifications)