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Editor: Marc Jay Bern
Profession: Defective Medical Device Lawyer

Category: Medtronic Lawsuit News

A Texas resident alleges the unexpected shocks he received from his implanted cardiac defibrillator is considered civil battery. The device causes him severe anxiety and he is suffering from post traumatic stress that requires psychiatric care.

The product liability lawsuit against Medtronic Inc., was filed on January 18, in the Marshall Division of the Eastern District of Texas. The claim states his implantable carioverter defibrillator produced "unexpected and medically unnecessary" shocks.

The original complaint states he was implanted with an ICD unit that was included in the recall of Sprint Fidelis lead wires announced in October.

The suit claims that since January 20, 2006, he has received electrical shocks via his ICD that have caused him extreme anxiety, fear of death, pain and great physical and emotional suffering.

He underwent surgery to replace the ICD but continues to suffer heart palpitations, anxiety and other various debilitating injuries. The suit further claims he is now at an increased risk of cardiovascular events or even death.

The plaintiff is seeking claims of relief for products liability, breach of implied warranty, negligence, intentional infliction of emotional distress, negligent infliction of emotional distress, violation of consumer protection statutes, breach of express warranties, unjust enrichment, battery, and negligent misrepresentation.

The complaint claims the lead wires on the ICD were "unreasonably dangerous" when used in "reasonably expectable ways of handling and consumption" and were "defective, unmerchantable, and unfit for ordinary use." The plaintiff states that he used the leads in an appropriate manner but this has resulted in severe and life threatening injuries. He believes he will continue to sustain "severe physical injuries and/or death, severe emotional distress, and economic losses and consequential damages" even after removal of the medical device.