Medical devices have revolutionized the healthcare industry and have saved countless lives. However, there are instances when these devices fail and cause serious harm to patients, often due to defective manufacturing, defective design, or inadequate warnings and instructions. The Medtronic HeartWare Ventricular Assist Device (HVAD) pump system is one such device that has been recalled due to potential defects.
If you or a loved one has been injured by the Medtronic HeartWare HVAD pump system, you deserve justice. At Estey & Bomberger, LLP, our attorneys are dedicated to helping victims of dangerous devices hold negligent corporations accountable. We can fight for your rights and secure the compensation that you need to move forward with your life.
Why Choose the Attorneys at Estey & Bomberger, LLP?
- Our attorneys specialize in cases involving defective medical devices, with a proven track record of success. Over a five-year period, we recovered over $500 million in settlements and jury verdicts for our clients.
- Our firm understands the physical, emotional, and financial devastation that a defective medical device can cause. We are dedicated to providing personalized, compassionate representation to our clients, from consultation to settlement.
- Our attorneys operate on a contingency fee basis to help limit your out-of-pocket costs. If we do not recover a settlement in your case, you will not be charged any legal fees.
What Is the Medtronic HeartWare HVAD Pump System?
Heart failure is a debilitating and life-threatening condition that only gets worse over time, often leading to end-stage heart failure and even death. Patients with end-stage heart failure experience shortness of breath, painful swelling in the legs and feet, physical exhaustion, and fluid buildup in the lungs and abdomen. It’s a devastating condition that can take a toll on both the patient and their loved ones.
The Medtronic HeartWare HVAD pump system provides additional blood flow to support the weakened left ventricle for patients suffering from heart failure. It is often used as a bridge to transplant for patients waiting for a heart transplant. For patients who cannot undergo a transplant right away or are being transported to a hospital, the system can also be used to extend their lifespan and improve their overall quality of life.
This device consists of a pump that is implanted in the pericardium or the membrane that surrounds the heart. A controller regulates the pump’s speed and function, a tube drains the blood from the heart, and another tube pumps the blood into the aorta. The controller remains outside the patient’s body and is connected to the pump by a flexible tube that passes through the skin. The controller can be powered by batteries or by a power supply that can be connected to a standard electrical outlet.
Why Did the FDA Recall the Medtronic HeartWare HVAD Pump System?
Despite the benefits that a Medtronic HeartWare HVAD pump system can provide for patients with heart failure, it can also be extremely dangerous. On May 2, 2018, the Medtronic HeartWare HVAD System was subject to a Class I recall by the U.S. Food and Drug Administration (FDA) due to its potential risk of injury or death to patients.
An FDA Class I recall is the most serious type of recall, initiated when there is a reasonable probability that the use of the product or device will cause serious adverse health consequences or death. The Medtronic HeartWare HVAD System was found to have interruptions in the electrical connection that could cause the device to suddenly stop working, leading to inadequate blood flow from the heart to the rest of the body.
The interruptions are caused by oxidation along the connection surfaces between the controller’s power source socket and the power source connector. When these interruptions happen, the device may make a persistent and unexpected noise that signals something is wrong. Power interruptions in a device as critical as the HeartWare HVAD System have the potential to cause serious injuries, strokes, or even death.
Which Medtronic Devices Are Part of the Class I Recall?
In response to the FDA’s actions, Medtronic voluntarily recalled all devices used over the past 12 years, totaling more than 200,000 devices in the United States alone. This recall includes devices with the following specifications:
- Product Name: Medtronic HeartWare HVAD System
- Controller and Controller Kit Model Numbers: 1400, 1401, 1403, 1407, 1420
- DC Adapter Model Numbers: 1435, 1440
- AC Adapter Model Numbers: 1425, 1430
- Battery Pack Model Numbers: 1650
- Serial Numbers: All
- Manufacturing Dates: March 2006 to May 2018
- Distribution Dates: March 2006 to May 2018
Are You Eligible for a Lawsuit Against Medtronic?
If you or a loved one believe that the Medtronic HeartWare HVAD System has caused injuries or death, you may be eligible to file a lawsuit against Medtronic. By pursuing legal action, you can recover compensation for the damages that you or your family have suffered, including medical expenses, lost wages, and pain and suffering.
However, it can be difficult to determine whether the device was the direct cause of the injuries or death. Many people who use these devices have co-existing conditions that could have also played a role, and Medtronic’s defense attorneys may try to use this medical history to reduce the company’s liability. In these situations, you need a skilled Medtronic HeartWare attorney on your side who can investigate your case and prove your right to financial recovery.
To determine whether you are eligible for a Medtronic HeartWare HVAD lawsuit, your attorney will assess two facts: whether you were using the HeartWare system under the care and direction of a healthcare provider, and whether you suffered one or more of the following injuries:
- Loss of consciousness
- Worsening heart failure symptoms
How a Medtronic HeartWare Attorney from Estey & Bomberger, LLP Can Support Your Lawsuit
When it comes to pursuing legal action against Medtronic for injuries sustained from a defective HeartWare HVAD device, having an experienced mass torts attorney on your side can make all the difference. At Estey & Bomberger, LLP, our injury attorneys are dedicated to fighting for the rights of our clients and holding corporations accountable for their negligence.
Hiring a specialized Medtronic HeartWare lawyer from Estey & Bomberger, LLP can provide several benefits to support your Medtronic HeartWare HVAD lawsuit, including the following:
- Knowledge of Medical Devices: Our attorneys have extensive knowledge of medical devices and the injuries that they can cause. We work with medical experts to fully understand the impact of the defective device on our clients’ lives.
- Ability to Handle Complex Litigation: Defective medical device lawsuits can be complicated, often involving multiple parties and complex legal issues. Our attorneys have the skills and experience necessary to navigate these complexities and build a strong case on your behalf.
- Access to Resources: Pursuing a Medtronic HeartWare HVAD lawsuit can require significant resources, including expert testimony, medical records, and investigative reports. Our firm can connect you with the resources that you need to build a strong case on your behalf.
- Legal Expertise: Our attorneys have years of experience handling complex defective medical device lawsuits, and we have a deep understanding of the legal system and the strategies used by large corporations in these situations. We will use this expertise to build a strong case on your behalf.
- Dedication to our Clients: At Estey & Bomberger, LLP, we are dedicated to our clients and their well-being. We understand the impact that a defective medical device can have on your life, and we will fight tirelessly to hold Medtronic accountable and secure the compensation that you deserve.
- Strong Negotiation Skills: Our attorneys are skilled negotiators and will work tirelessly to negotiate a fair settlement for your losses. If a settlement cannot be reached, we are prepared to take your case to trial and fight for your rights in court.
- Peace of Mind: Pursuing legal action against a corporation can be stressful and overwhelming, especially if you are dealing with serious injuries or the loss of a loved one. Our attorneys will handle all aspects of your case, allowing you to focus on your recovery and your family.
What Compensation Is Available In a Medtronic Lawsuit?
Through a Medtronic lawsuit, you may be entitled to compensation for the damages you have suffered as a result of your injury. Your award may pay for the financial losses that you have experienced, as well as the physical and emotional pain and suffering that you endured:
- Medical Expenses: You may be able to recover compensation for the cost of medical treatment related to your injuries, including hospital bills, surgeries, medication, and rehabilitation.
- Lost Wages: If you were unable to work due to your injuries, you may be entitled to compensation for lost wages during your recovery period. You could also recover damages for the loss of future earnings if you cannot return to work at all.
- Pain and Suffering: You may be able to recover compensation for the physical and emotional pain and suffering caused by your injuries, as well as the impact on your quality of life.
- Wrongful Death: If a loved one died due to complications from a defective Medtronic HVAD device, you may be able to file a wrongful death lawsuit to recover compensation for certain damages. These may include funeral and burial expenses and pain and suffering endured by the family.
It is important to note that the amount of compensation available in a Medtronic lawsuit will depend on the specific circumstances of your case. Our Medtronic HeartWare lawyers at Estey & Bomberger, LLP will work with medical experts and other professionals to accurately assess the damages you have suffered and fight for the maximum compensation possible.
How Long Do You Have to File a Lawsuit Against Medtronic?
The time limit for filing a lawsuit against Medtronic varies depending on the state in which you live. Each state has a statute of limitations that limits the amount of time you have to file a lawsuit after being injured by a defective medical device.
For example, in California, victims of defective products must file their lawsuits within two years from the date of their injury. In New York, the filing deadline is three years from the date of the injury. In Florida, a lawsuit must be brought within four years from the date of the injury but no more than 12 years from when it was first purchased, subject to exceptions.
It is important to contact an attorney as soon as possible if you believe that you have been injured by a Medtronic HeartWare HVAD device. If you wait too long to file a lawsuit, you may lose your right to seek compensation for your injuries.
At Estey & Bomberger, LLP, our specialized Medtronic HeartWare attorneys are well-versed in the statute of limitations for Medtronic lawsuits in different states. We can assess your situation and work to make sure that your case is filed within the appropriate time frame. Our firm can also determine if you qualify for a specific exception that may extend your filing deadline.
What to Do If You Are Injured by a Defective Medtronic HeartWare HVAD Device
To protect your health and legal rights after being injured by a defective Medtronic HeartWare HVAD device, it is important to take immediate action. First, seek emergency medical care as soon as possible for any injuries or complications related to the HeartWare device. Save all evidence such as medical records, bills, and documentation related to your injuries and treatment. This evidence will be crucial in building your case and proving your damages.
Lastly, contact an attorney as soon as possible who can help you understand your legal options and pursue compensation for your injuries. It is crucial to contact a Medtronic HeartWare lawyer as soon as you can to protect your rights and begin building your case.
Contact the Attorneys at Estey & Bomberger, LLP Today
If you or a loved one has been injured due to the Medtronic HeartWare HVAD pump system, speak to the attorneys at Estey & Bomberger, LLP today. Our product liability lawyers have the experience and knowledge necessary to handle complex medical device cases, and we will fight to get you the compensation you deserve.
Don’t wait to seek the help that you deserve. Contact our firm today at (800) 260-7197 to schedule a free, no-obligation legal consultation. Our team of injury attorneys will carefully assess your case, explain your legal options, and help you take your first steps toward financial recovery.