I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. I handled defective product litigation for many years of my 30+ years as a trial attorney.
Because the device was sold to you in MD and the procedure to place it was done in MD, it is MD law which will determine the statute of limitations.
Under MD law, the statute of limitations for product liability is 3 years. But that 3 year period begins to run only when you or your physician discover, or through reasonable diligence and intelligence should have discovered, the facts that form the basis of your lawsuit for defective product.
Based on your facts it is literally impossible for me to determine the date on which you discovered the causal connection between your ongoing pain/injury and the defective device. However, I might suggest that the date could be reasonably be determined to be the time that your surgeon obtained the model prototype implants and discovered a defective design. The surgery to remove the artificial bone would have been the time that the actual defect was discovered----however, I believe that the defense will be able to successfully argue that the date your physician came to the conclusion that it was this known defective product which was causing the ongoing injury---and he passed this information on to you---is the date that the 3 year statute would have begun to run.
You will want to immediately contact a product liability attorney in the county in MD where you had the original procedure done as that is likely where the lawsuit will have to be filed. It is possible that you can file suit in NY if your attorney can show that the defendant company has sufficient presence in the state to justify personal jurisdiction, but I am sure that the laws of the state of MD will be used in the case as regards ***** ***** of limitations issue, as that was the state where the harm occurred.
You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.
Please remember to rate my service to you so that I can be compensated for helping you. Thank you in advance.
I wish you and yours the best in 2015,