Several lawsuits have been filed against one of the top medical device companies, Medtronic, alleging the company knowingly [sold] defective devices and intentionally [hid] risks from doctors and patients.” Three of the lawsuits were filed in Minnesota and Texas courts back in December 2019 all of which stem from surgeries that were performed in 2017. The lawsuits claim that certain Medtronic staplers, which have since been recalled, malfunctioned during surgery.
The Star Tribune says that all three plaintiffs were undergoing gastrointestinal surgeries in 2017 that “required staples to be precisely placed in organs after surgery.” Because the Medtronic stapler malfunctioned, some “created holes without leaving behind staples” while others “did not properly close implanted staples.” Some of the adverse effects patients suffered include severe infections, cardiac issues, corrective surgeries, and hundreds of thousands of dollars in additional medical expenses.
One of the lawsuits, which was filed by Janet and Randy Adams of Collin County, TX allege that “the Medtronic EEA surgical stapler used in a procedure to repair Janet Adams’ surgically created stoma misfired and punctured her intestines without engaging the staples.” In another lawsuit, Robert Synder of Iowa alleged that he “contracted infections and required several surgical treatments after a Medtronic Endo GIA stapler malfunctioned during the removal of a section of his small bowel.” This led to him suffering a “serious complication called an anastomotic leak.”
Aside from accusing the company of manufacturing a defective product, all three lawsuits also allege the company “intentionally used a secret loophole in federal adverse-event reporting laws that allowed it to conceal the true risks from the device by burying injury reports in nonpublic files known as ASRs, or “alternative summary reports. By doing so, [Medtronic] intentionally concealed from public view the many injuries caused by the use of its Endo GIA staplers.”
Medtronic Fires Back in an Effort to Defend its Surgical Products
The news source reported that in December 2019, Medtronic filed a 219-page report with the Food and Drug Administration “arguing that real-world experience with the 23 different internal stapling systems it sells confirmed the “consistent and favorable safety profile of Medtronic staplers.” The company believes that in most of the cases, the injuries and deaths suffered “are related to the inherent risks of the surgical procedure, patient co-morbidities, or the manner in which the device was used.”
Did you suffer an injury during a medical procedure that you believe was caused by a defective product? If so, contact the Houston, TX product liability lawyers at Blizzard Law, PLLC. While some patients suffer injuries on account of a medical mistake, others sustain them as a result of a defective product. If you believe you might have a viable case against a company or even a physician in Texas, our attorneys are here to help you understand the different forms of legal action that can be taken to hold a negligent party liable for their errors.
You can reach Blizzard Law, PLLC at:
5020 Montrose Blvd.
Houston, TX 77006