In thousands of operations nationwide, surgical staples are used regularly to close surgery incisions and head wounds. They work incredibly fast, generally cause far less infection, are economical and are easy to remove. They do have downsides because they are not as precise as stitches and can therefore leave scars, but in most cases the benefits far outweigh the problems. A special surgical stapler is used to deliver the staples and close wounds from surgery and other injury. Obviously when wounds like this are closed, keeping them closed and clean is incredibly important.
In 2003, it was discovered though, that the Tyco US Surgical Stapler was being linked with a number of serious illnesses and injuries. Specifically 112 deaths and 2,180 injuries were linked to surgical staples from the Tyco Surgical Stapler because the mechanism to release them was working improperly. In patients affected, the tissue never closed and caused leading of blood and other fluids. This leaking caused infection and in some cases, death. Additionally, there were instances where the Tyco US Surgical stapler actually stuck to the patient’s skin during surgery which required additional surgery to remove. The additional surgery was often much more involved and risky.
Because the use of surgical staples is so pervasive, this is merely a small cross section of people who could be affected by the problem. Tyco International estimates that more than a half million surgeries have used this stapler gun since 1998 and the FDA has estimated about 4,000 reported issues linked to the Endo Gia brand of surgical staples and stapler.
Seeking compensation based on an injury caused by Tyco’s product liability is going to be dependent on a number of factors. Type of injury, timing of injury and proof of it being related to the Tyco surgical stapler are all key to proving your case. Your case may yield strict reimbursement of medical expenses, loss of income or pain and suffering compensation depending on the seriousness of the injury and its longevity. The statute of limitations for this type of product is also critical in getting compensation. For instance, the statute is actually related to when the illness or problems present themselves, rather then when the stapler was used, so you still may have the opportunity to get redress if you are a victim of this product malfunction.
You’ll need to consult a qualified and experienced attorney to assess if you truly have a case related to the Tyco Surgical stapler. They will be able to factor all of the information together to identify if you are a victim of a medical device defect and therefore to what kind of compensation you are entitled.
This is also a case that should be considered by an attorney who is experience in both product liability and medical malpractice, so he can truly decide which occurred and present the right case for you. In some cases product liability is decided based on the timing of use of defective medical devices.