Guidant Device Recall

GUIDANT Corporation
Defibrillator Recall Lawsuits &
Guidant Class Action

Recall: Guidant Corporation & Medtronic ICD Recalls and Guidant Class Action Lawsuit News

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Guidant Corporation ICD Recalls: Guidant & Medtronic
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Initally the recall appeared to be limited to seven models.

Guidant Class Action Allegations: We have now learned that the problem goes even further: almost 50,000 defective units produced by Guidant Corporation -- 28,900 with the electrical problem, another 21,000 which could malfunction due to a computer memory error (the Vertak Prizm AVT, Vitality AVT, Renewal 3 AVT, and Renewal 4 AVT ICD). Deaths have occurred and something must be done. We already know of two reported failures resulting in death.

What is being done by Guidant class action and mass tort lawyers in response to the defective Guidant Corporation ICD heart defibrillator?

There are a number of actions being taken by attorneys. First, and foremost, a number of people have hired attorneys to individually represent them. These fall into four categories: Death cases, injury cases, medical monitoring cases, and replacement cases. There are also mass and Guidant class actions taking place. These include:

  • A motion for MDL transfer has been made by plaintiffs. This would consolidate all Federal actions.
  • Medical Monitoring Guidant class actions (brought in numerous state courts)
  • It is anticipated that there will also be a motion to consolidated the Medtronic cases into an MDL (multi-district litigation)
  • There are a number of statewide medical monitoring Guidant class actions that have been filed or that are being prepared to be filed. At last count, we knew of 8 such actions.

Guidant Corporation ICD Recall

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Guidant Corporation ICD Recall: Guidant FAQs

 

ALERT: Deaths Caused by Powerheart, Cardiovive, CardioLife, Recall, Cardiac Science Corporation AED Devices

 

Guidant Corporation Recall - Guidant Class Action: What is being done about defective Guidant Corporation ICD units?

What are Guidant Class Action lawyers doing?

Lawyers have joined the Guidant class action battle. We now know and are ready to prove in court that Guidant Corporation was wrong to believe that its internal heart ICD (the Ventak Prizm 2 DR) was safe and extremely reliable, despite the overwhelming fact that it was fully aware of an electrical problem in some 29,000 of those devices which could cause them to short-circuit when needed.

We also know that like the Guidant class action, claims are being pursued against Medtronic for defects in the Guidant Corporation ICD models. These include claims for personal injury as well medical monitoring.

Where will these Guidant Corporation lawsuits be filed?

Venue is very important. Claims against Medtronic or Guidant Corporation may be filed in Federal Courts or State courts where the units were sold and implanted. In order to keep the cases in state court, there would need to be a local defendant in that state. Medtronic can also be sued in their home state of Minnesota. Minnesota may turn out to be a good jurisdiction in which to file. Likewise, Guidant Corporation could be sued in its home state of Indiana. However, the consumer protection tort laws have been gutted in Indiana, apparently in response to lobbying efforts like those of big business and the Chamber of Commerce. Thus, individuals in Indiana may have a very difficult time proving their case and getting full compensation.

In addition, attorneys filing these claims need to be very careful in how these cases are pled. The pleadings in these cases must assert the correct theories of liability in order to avoid Federal Preemption. It is nearly certain that the defendants, rightly or wrongly, will assert that since the FDA "approved" the device, that they can not be sued for these subsequently discovered defects. However, we believe that this preemption defense will fail becuase of the misrepresentations and gaps in disclosure of the known defects. That is, we belive that the conduct (mis-conduct) of the defendant may get plaintiffs past the issues of preemption.

What will be proven against Guidant Corporation at trial?

Plaintiffs will demonstrate how an implantable cardiac defibrillator (ICD) works, what happens when it fails, What the procedure is for replacement, and what the risks are associated with removal and replacement. The plaintiffs intend to show that if the device fails, death can result. The plaintiffs will also show that the risks of replacement can be significant, and include infection, and all risks attendant to anesthesia. In addition, damage can occur during replacement, including scarring within the heart walls.

The plaintiffs intend to prove that those people who have one of the defective models in their chest, or had a device removed and/or replaced, have a valid claim. These plaintiffs will seek damages for the cost of the unit, the cost or replacement, the pain and suffering associated with having an additional surgery, they will also seek compensation for any subsequent damage or injury that occurred due to a malfunction in the unit. Guidant class action claims are also being brought for medical monitoring for those who are not healthy enough to have it replaced. Individual plaintiffs will also seek punitive damages against Guidant Corporation or Medtronic, as appropriate.

Ask a Lawyer: Do I have a Guidant Defibrillator Recall Lawsuit?

Do I have a Guidant Defibrillator Recall Lawsuit? You may need a lawyer to represent you. Learn more by filling out the form below! Lawyers and experts ready to help you now.

Guidant Defibrillator - Lawyers ready to Help.
Free Consultation form below for the Monheit Lawfirm.

First Name:
Last Name:
E-mail Address:
Phone: () - ext.
Address:
City:
State:
Zipcode:
Age:
Date of Birth:

What complications have you had from the Guidant defibrillator implant?
For What recommendations have your doctors made about removing this device?
For Please list any relevant Surgeons, Hospitals, and Cardiologists who are treating or have treated you with respect to the Guidant implant. (Please include city & state)
Implant Date: What was the date you received your implant?
If removed, what was the date of REMOVAL of your implant?
Which manufacturer's device has been implanted? (please check all that apply)
GUIDANT
MEDTRONIC defibrillators
Which device(s) have been implanted? (see ID Card for Model #) (please check all that apply)
Ventak Prizm 2 DR (Model 1861), prior to April 16, 2002
Contak Renewal (Model H135), prior to Aug. 26, 2004
Contak Renewal 2 (Model H155), prior to Aug. 26, 2004
Ventak Prizm AVT
Vitality AVT
Renewal 3 AVT
Renewal 4 AVT
Medtronic Concerto
Unknown or Other
Additional Guidant Recall Lawsuit Information: Please be specific and tell us about your experience with the Guidant Defibrillator. Also enter any questions or comments in this space.

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