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Currently the world's largest medical technology corporation, Medtronic generates nearly $15 billion in annual revenues by manufacturing and distributing a number of different medical devices that save millions of lives each year. The company manufacturers medical devices designed to treat more than 30 chronic conditions, including diabetes, obesity, chronic pain, Parkinson's and arrythmia (dangerously fast heart rate).
Although many of these devices and therapies are successful and save lives, some have been reported to carry significant risk of injury and death. Medical device manufacturers are required to test the safety of their products before releasing them to the public. In some cases, defects will be overlooked and products are put on the market even though they are not 100 percent safe. When this happens, the company has a responsibility to let consumers and health providers know of the potential dangers, immediately, and are required to try and fix the problem.
Should a manufacturing company fail to let the public know about potential risks associated with its product, it may be held accountable under product liability law. Patients who are harmed by the devices may be entitled to seek compensation for their losses via a product liability lawsuit.
When multiple people suffer a similar injury or loss from a product, they may wish to form what is called a class. When a class is formed, a few people can file a lawsuit on behalf of the entire class. This type of lawsuit is known as a class action lawsuit. The plaintiffs will represent the entire class during the legal proceedings, and will seek compensation on behalf of all the class members.
An example of when a class action may be appropriate is when a company issues a recall of a product due to a potential defect that may put patients at risk of injury. In the case of Medtronic, the company recalled one of its devices, known as the Sprint Fidelis® defibrillator, a device designed to monitor and control a patient’s heart beat cycle.
Medtronic decided to recall the Sprint Fidelis® in October 2007 due to a defect that may cause the wires to break. At the time of the recall, there had reportedly been five deaths linked to the defect. The problem is an equipment failure in which the lead wires transmit false signals that cause the defibrillator to deliver unnecessary shocks, and/or fail to deliver needed shocks.
Of course, every product cannot possibly be 100 percent safe; some times things come up and patients are injured. However, the issue in question is how long Medtronic knew about the potential dangers, and if they tried to keep the information from consumers. When direct negligence can be proven, members of a class may be compensated via a class action lawsuit.
If you or someone you love has been treated with one of Medtronic’s many medical devices, and you feel you may have been harmed by defect, you may wish to speak with an attorney. You can learn more about either an individual lawsuit or a class action (if there is one) by speaking with one of our national Medtronic lawyers. Contact us for more information.
Medtronic, the world’s largest maker of implantable cardioverter defibrillators (ICDs), has agreed to settle 2,682 product liability lawsuits for $95.6 million.
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