Texas Man Claims Battery, Psychological Damage in Defective Defibrillator Leads Suit
An eastern Texas man has filed a product liability suit against Medtronic for the shocks he received as a result of the defective Sprint Fidelis leads installed with his implanted cardiac defibrillator (ICD). His claim is not only that the shocks caused him pain, but it caused him severe anxiety, fear of death, and emotional and psychological suffering. The level of suffering is so severe, that he is suffering from post-traumatic stress, has heart palpitations and “other debilitating injuries,” including an increased risk of cardiovascular events that may lead to premature death.
He is seeking damages for product liability, breach of express and implied warranties, negligence, violation of consumer protection statutes, and negligent misrepresentation of the product. The case claims that the Sprint Fidelis leads were unreasonably dangerous, and led to severe and life-threatening injuries even after removal despite proper use.
The suit goes even further than many product liability cases, claiming that the shocks constitute “civil battery,” and that Medtronic engaged in intentional infliction of emotional distress and unjust enrichment of themselves at the expense of their customers’ lives. In keeping with the severity of the claims, the suit asks for punitive, exemplary, and compensatory damages, a declaratory judgment, restitution of profits, attorney fees, and other moneys as requested.
Although the Sprint Fidelis leads were “voluntarily” recalled, thousands of Americans still have them implanted. Although sometimes when they fail, the leads cause the ICD to sound a warning, other times, as in this case, they deliver a series of painful shocks, and in still other circumstances they may fail without sign or warning until a life-saving shock is needed but cannot be delivered. The failure rates for the leads may be as much as 2.3 %, but patients are not encouraged to get the leads removed because the operation could be very dangerous, even more dangerous than the threat posed by the leads.
If you have suffered as a result of a defective medical devices, such as the defibrillator leads, contact PersonalInjury.com today to get in touch with an experienced product liability lawyer in your area.