Treating heart disease and problems, specifically dangerous heart rhythms with technology has become commonplace. Both pacemakers and implantable cardioverter defibrillators are used in patients to combat dangerous heart rhythms like ventricular tachycardia or fibrillation.
In the case of implantable defibrillators, when the unit detects a dangerous heart rhythm, it sends a small shock to the heart to restore a natural and healthy rhythm. These devices are implanted beneath the skin in the chest or abdominal cavity and are smaller than a wallet in size. There are small leads going from the unit to the surface or interior of the heart and this is how the electric shock moves from the unit to the heart itself. The units typically have additional functions, including the ability to maintain data about a patient’s heart rhythms for doctors to study and the ability to conduct non-invasive testing on a patient’s heart throughout the course of treatment.
As is the case with most medical devices, some internal defibrillators have failed to work as prescribed and caused some health problems. For instance in February of 2005, Medtronic issued a recall on over 80,000 of its implantable defibrillators, citing a battery problem that might inhibit the ability of the unit to properly monitor and treat dangerous heart rhythms. The Medtronic defibrillators that were affected by this battery malfunction were made between April of 2001 and December of 2003.
These Medtronic defibrillators included the Marquis VR 7230, Marquis DR 7274, Maximo VR 7232 and the Maximo DR 7278. There was also an issue with their cardiac resynchronization therapy defibrillators including the InSync I Marquis, InSync II Marquis, InSync III Marquis, InSync III Protect 7277 and the InSync III Protect 7289.
Despite the recall issued, Medtronic is still liable for any damage or illness caused by the failure of their defibrillators. In this case, it appears that a design flaw has contributed to their product liability, but an experienced attorney is the only one who can truly advise you on whether or not you have a claim.
If you, or someone in your family has one of these defective Medtronic defibrillators, you may have the opportunity to have it replaced free of charge and for a complete reimbursement of any medical fees for the original implant. If you have lost a family member or you have been hurt or incapacitated due to the failure of a Medtronic defibrillator, you may be entitled to compensation for pain and suffering and loss of income.
No matter which position you are in, you should contact a reputable and experienced product liability or medical device defect attorney. They will know whether you have a case and if you do, how best to file. While some cases may be strictly based on product liability and medical device malfunction, others may have a case relating to medical malpractice. There are also several class action lawsuits pending that are related to internal defibrillators. Speak to an experienced attorney as soon as possible to assess your case and to ensure that you don’t miss your opportunity because of statute of limitations.