Noteworthy Cases
RECALLED CARDIAC DEFIBRILLATOR RESULTS IN STROKE AND DISABILITY
In 2004 our client’s cardiac surgeon implanted a Medtronic Marquis defibrillator to help regulate our client’s heartbeat. What our client did not know at that time, however, was that Medtronic had already decided to change the design and specifications for the battery in the device due to known defects and problems and had already applied for approval for the change with the FDA.
On February 10, 2005, just 8 months after it was implanted by our client’s surgeon, Medtronic issued a recall for the defibrillator because of the battery problem. Our client then required to undergo a second surgery to replace the device and, because of complications from that surgery, suffered a stroke just a few days later. He is now disabled and requires constant care.
We have filed suit against Medtronic because its decision to knowingly sell a defective device necessitated the second surgery. We have also sued the surgeon who is jointly liable for the catastrophic injuries our client suffered because of mistakes that were made in the surgery itself. Under Florida law Medtronic is jointly liable for the acts of medical malpractice.
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