Defective Medical Device Litigation in New Mexico
You trusted an implant or medical device to help you heal — not to cause new pain, a revision surgery, or lasting harm. When a device fails many patients the same way, those injured can often pursue the maker together in a mass tort.
When a device becomes the basis for a claim
Claims can arise when a device is prone to fail, was poorly designed, or was marketed without adequate warning of its risks. Signs can include a recall, an unusually high failure rate, or the need for a revision surgery — though a recall is not required for a claim to exist.
Records that establish the claim
These cases rely on identifying the exact device — often from your surgical and medical records — and connecting its failure to your injury. That evidence supports both your individual claim and the coordinated litigation against the manufacturer.
How we help
We help identify the device, evaluate whether an ongoing matter may fit, and pursue your individual claim if it does. The review is free and confidential. Se habla español.
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Frequently asked questions
How do I find out which device I have?
It is often recorded in your surgical or medical records, which we can help obtain. Once the device is identified, we can evaluate whether it is the subject of litigation and whether a claim fits your situation, in a free review.
New Mexico law — what people ask
How long do I have to file an injury claim in New Mexico?
Generally three years — longer than California or Arizona allow. But if a government entity is involved, the Tort Claims Act requires written notice within 90 days, which is the shortest deadline in New Mexico injury law and can pass while someone is still in hospital.
Can I still recover if I was partly at fault in New Mexico?
Yes. New Mexico follows pure comparative negligence, so your share of fault reduces the recovery rather than barring it, with no cutoff percentage. The rule came from the state’s courts rather than its legislature.
Does New Mexico cap what I can recover?
It depends entirely on who caused the harm, and this is where New Mexico is genuinely different. An ordinary injury claim is not capped. Medical-malpractice claims run into a tiered cap under the Medical Malpractice Act, and claims against government entities run into separate Tort Claims Act limits. Three regimes, three answers.
What if more than one party was responsible?
New Mexico largely does away with joint and several liability, so each defendant is generally responsible for its own share. There are meaningful exceptions — intentional torts, vicarious liability, and products in the stream of commerce among them.
The driver who hit me had no insurance. What now?
This happens more here than in most states. Your own uninsured or underinsured coverage is the route, and New Mexico courts have been comparatively protective of policyholders on stacking — combining the limits of more than one policy or vehicle where premiums were paid for each.
Is a medical claim treated differently in New Mexico?
Substantially. Claims against providers qualified under the Medical Malpractice Act pass through a review commission before suit, are governed by a statute of repose rather than an ordinary limitations period, and are subject to the tiered caps with a compensation fund behind them.
Injury law in New Mexico
New Mexico injury law gives families a longer window and some distinctive rules.
- Filing deadline: New Mexico gives you longer than most states — generally three years from the injury — with a 90-day notice deadline when a government entity is involved.
- Fault: New Mexico follows pure comparative negligence, so sharing some of the blame reduces your recovery rather than ending your claim.
- Damage caps: An ordinary New Mexico injury case is not capped; medical-malpractice and government claims have their own separate limits.
- Multiple defendants: New Mexico generally applies several liability, with some exceptions.
Related mass tort topics
California injury law
This is general information about New Mexico injury law, not legal advice. Every case is different.
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