A defibrillator is an electronic medical device that delivers an electrical shock to the heart to restart a normal rhythm. There are two kinds of defibrillators, internal and external.
Internal implantable defibrillators or implantable cardioverter defibrillators (ICD) are implanted inside the body and monitor and maintain proper heart rhythms. In the case of a patient having irregular heart beats like ventricular fibrillation or ventricular tachycardia, the implantable defibrillator has saved thousands of lives. Today’s ICD’s can even store data about a patient’s heart rate and can conduct additional noninvasive testing.
The ICD is implanted by connecting special leads on the surface of the heart or inside. The leads are then connected to the actual unit, which operates on battery power and is implanted in the chest or abdominal cavity beneath the skin. This pulse generator is quite small and with today’s technology the ICD can even be implanted without opening the chest.
While functional implantable cardioverter defibrillators are exceptional at treating cardiac problems, there have been problems in the last couple of years with several defibrillators malfunctioning. In some cases, there has been a mechanical failure of the implantable defibrillators, while in others there have been significant battery problems. There have even been software issues with some of the more complex internal defibrillator computers.
For instance, in June of 2005, Guidant issued a massive recall of pacemakers and internal defibrillators that had a problem with a magnetic switch. The switch would hold in the closed position, inhibiting the ability of the device to treat irregular and dangerous heartbeats and depleting the battery of the unit at the same time. In the case of the Guidant defibrillator failure, 2 patients were known to have died out of 43 reported failures.
In addition to Guidant, there have been recalls issued on St Jude defibrillators and on Medtronic defibrillators. Because of these design and manufacturing issues, some of these companies may be liable for damages based on product liability law and medical device defects.
For instance, if there is a major design defect, a problem in production, or if patients have not been explicitly warned about any product’s potential problems or risks, they may be entitled to compensation if they have been hurt or made ill by an implantable defibrillator, especially the Medtronic defibrillator.
Additionally, there are some class action lawsuits being filed in the US and Canada against these companies. If the company failed on a product liability front, knew about the problem, and then continued to manufacture, distribute and market the product, like an implantable defibrillator, they are certainly liable for any damages caused by their negligence. Depending on an individual’s specific circumstance, they might choose to opt in or opt out of this type of action.
If you have been injured by a medical device defect, like an implantable defibrillator malfunction, you should contact an experienced attorney. Depending on the circumstances, you may be entitled to seek redress through an individual lawsuit or through one of the class action lawsuits currently pending. Either way, act efficiently and seek experienced legal counsel so that you don’t miss your opportunity for compensation due to an expired statute of limitations.