Must the FDA recall a medical device or defective drug that injured me before I can pursue a claim for my injury?

The simple answer is no. It is very difficult to get the FDA to recall a product. What we see in most of our cases is that the product manufacturer itself has determined that the product is defective or that there is a problem with the product itself. In those situations, the actual product manufacturer will issue the recall and what is helpful in most of our cases is that the FDA oversees the recall.