If you or a loved one has been injured by a defective defibrillator (S-ICD) device, the Boston Scientifc lawsuit lawyers at Fob James Law Firm would like to speak with you.
Defibrillator devices made by Boston Scientific are prone to fracture or cause high impedance levels in the heart. These defects can cause life-threatening cardiac arrest or death.
If you think you may have suffered an injury, do not delay. Contact our experienced Boston Scientific deibrillator injury attorneys for a free case evaluation.
Our biggest concern is making sure you get the justice and the compensation that you deserve.
Please don’t hesitate to reach out to us 24/7: 866-837-1010.
What Is A Boston Scientific Defibrillator?
Boston Scientific implantable cardioverter defibrillators (S-ICDs) are used to reset the heart to its normal rythym to prevent cardiac arrest.
Boston Scientific primarily sells two models of subcutaneous ICDs:
- Emblem S-ICD Device (Model # A219)
- Emblem S-ICD Electrode (Model # 3501)
A traditional ICD is placed in the chest. However, a subcutaneous ICD (S-ICD), like the Emblem, is placed under the skin at the side of the chest below the armpit. Wires, called leads, attach to the heart.
These devices function by sensing the heart’s rythym and then sending electrical pulses to the heart to control the heart’s rythym.
If a Boston Scientific defibrillator malfunctions, the patient’s heart rythym may not reset to normal levels and cardiac arrest may occur.
What Are The Problems With Boston Scientific’s Defibrillator?
Boston Scientific’s Emblem S-ICDs have two main problems:
- The plastic around the lead is prone to fracture; and
- The device over senses or under senses electrical pulses from the heart
First, if the plastic casing around the lead fractures, the defribillator may short circuit. Of course, if the S-ICD short circuits, then it cannot function properly.
Second, Boston Scientific’s defibrillators are prone to under sense or over sense the electrical pulses from the heart. In many cases this is due to improper installation of the defibrillator. The effect is the device will send too much electrical flow to the heart resulting in a high impedance level.
When the impedance level in the heart is high, the device is not functioning properly and serious injury may occur. Boston Scientific, in fact, is required to monitor its devices and report cases with high impedance levels to the FDA.
In either case, cardiac arrest and death may occur if the defibrillator malfunctions.
Even if you are not sure what caused your loved one’s cardiact arrest, contact our Boston Scientific defribrillator lawyers for a free consultation.
What Injuries Are Linked To A Boston Scientific Defibrillator?
Boston Scientific’s S-ICDs may fracture undeath the skin, short circuit, or cause high impedance levels in the heart. When this occurs, patients may suffer severe injuries including the following:
- Cardiac arrest
- Patient death
- Shocking of the heart
People that survice the shocking endure expensive and invasive procedures to replace their S-ICD device.
If you have experienced any of these injuries, contact a Boston Scientific defibrillator lawyer today.
Has Boston Scientific’s Defibrillator Been Recalled?
Yes. In February 2021 the FDA issued a recall of Boston Scientific’s Emblem S-ICD device after 26 injuries and 1 death were reported.
According to the FDA’s recall notice, the subcutaneous electrode in the Emblem S-ICD can fracture rendering the device inoperable.
Likewise, on July 11, 2023, Boston Scientific recalled certain S-ICD devices due to a sensing issue caused by a software glitch.
Note that you may have a case even if your device was not recalled. The FDA’s recalls only addressed two defects found in Boston Scientific’s defibrillators.
As discussed above, we believe more defects may occur in these devices.
Who Qualifies for the Boston Scientific Class Action Lawsuit?
Anyone (or a loved one) who had an implanted defibrillator device and subsequently suffered cardiac arrest or death may have a case.
To see if your case qualifies, contact a Boston Scientific lawsuit lawyer today. You can reach us 24/7 at 866-837-1010.
What Can I Recover From A Boston Scientific ICD Lawsuit?
Every case is unique, but people who successfully file product liability lawsuits can recover money for the following damages:
- PAST AND FUTURE MEDICAL BILLS (INCLUDING MEDICATION, HOSPITAL STAYS, AND IN-HOME CARE)
- PAIN AND SUFFERING
- LOST WAGES
- LOSS OF EARNING CAPACITY
- FUNERAL EXPENSES (IN THE VENT OF A LOVED ONE’S DEATH)
- BROADLY SPEAKING, A PLAINTIFF COULD BE ENTITLED TO COMPENSATION FOR ANY PAST AND FUTURE COSTS ASSOCIATED WITH THEIR INJURY
To speak to an experienced defectivce defibrillator attorney about your damages, call us today for a free consultation.
How Much Does It Cost To Hire A Boston Scientific Lawyer?
Fob James Law Firm operates on the contingency-fee-basis. We only get paid a percentage of the recovery if we successfully resolve your case.
Our fees come out of a favorable settlement or jury award, not out of your pocket. If we do not obtain a recovery then you owe us nothing.
To speak with one of our experienced defibrillator lawyers, call us today at 866-837-1010.
How Long Do I Have To File A Boston Scientific Lawsuit?
Every state is different so make sure you consult with an attorney about how long you have to file a lawsuit.
In many states, you generally have two years from the date of discovery of your cdefibrillator related injury to file a lawsuit. However, some states allow less than one year to file a lawsuit.
Please do not assume you have a specific amount of time. Contact our Boston Scientific defibrillator attorneys for a case review.
How Do I Join The Boston Scientific Defibrillator Lawsuit?
It is simple to join the Boston Scientific defibrillator lawsuit. Call us today or submit your contact information. Our attorneys will call you to discuss your case.
It does not matter where you live. We represent victims of defective catheter devices in all 50 states.
Boston Scientific Litigation Updates
“Preemption” is a major legal issue with litigating claims against Boston Scientific.
The preemption doctrine in products cases gives manufacturers immunity from products claims if their product was approved by the FDA.
If preemption applies, the plaintiff has no viable claim against the medical device company.
Our co-counsel, James Foster, is currently litigating a defibrilator claim against Boston Scientifc in Georgia state court. This case is one of the few cases in the country that has survived Boston Scientific’s motion to dismiss on premption grounds.
As a result, our focus at the moment with litigation updates is this case.
November 13, 2024 – Judge Bailey Sanctions Boston Scientific
Huge win for the plaintiff. Judge Bailey entered a sanctions order against Boston Scientific. In that order, Boston Scientific is compeled to produce the following documents:
- the entire design history file for the Emblem device,
- all files, investigations, and MDRs for any complaint connected with the device,
- data from the Latitude system, which monitors the device.
A sanctions order is very rare. The bottom line is Judge Bailey means business and is not going to put up with anymore delay tactics.
October 21, 2024 – Plaintiff Requests Sanctions Against Boston Scientific
We previously blogged about Plaintiff’s motion to compel Boston Scientific to produce documents. Judge Bailey granted that motion. However, Plaintiff believes that Boston Scientific is refusing to produce documents as required by the Court’s order.
As a result, Plaintiff filed a “sanctions motion” against Boston Scientific. In that motion, Plaintiff argues that Boston Scientific is still objecting to produce documents even though the Court has already ruled on that issue. Accordingly, Plaintiff asks the Court to “sanction” Boston Scientific.
As noted in the motion, if the Court believes that Boston Scientific is acting in bad faith, the Court has discretion to impose sanctions. If Boston Scientific is willing to violate the Court’s discovery order, it begs the question: what are they hiding?
September 11, 2024 – Judge Bailey Grants Plaintiff’s Motion to Compel
In product liability cases, defendants often stonewall discovery and produce very little documents. Obviously, they don’t want the plaintiff to obtain damning evidence. Boston Scientific attempted to stifle discovery in Randall so the Plaintiff filed a “motion to compel”.
In the motion, the Plaintiff seeks data from Boston Scientific’s Latitude software for other defibrillators. You can see why Boston Scientific does not want to produce this information. If the data reflects that other devices caused high impedance levels and Boston Scientific did nothing to correct that…ouch!
Fortunately, Judge Bailey granted Plaintiff’s motion to compel. Boston Scientific will have to produce relevant documents, cindlufing data from Latitude.
June 21, 2024 – Boston Scientific’s Motion to Dismiss Denied
This is a huge win for the plaintiff. Judge Charles E. Bailey denied Boston Scientific’s motion to dimisss, which was based on federal preemption grounds. As a result, the case moved forward with discovery. Again, this case may be the only state court lawsuit in the country that has survived Boston Scientific’s motion to dismiss.
December 13, 2024- Lawsuit filed in Dekalb County, Georgia
A greiving mother filed a lawsuit in Dekalb County State Court, Georgia. The case is called Dawn Randall obo Estate of Brittany Reid, et al, v. Boston Scientific Corporation, et al., CAFN 23A05888. The Plaintiff alleges that Boston Scientific’s Emblem defibrillator malfunctioned, which resulted in the death of Brittany Reid.
Contact a Boston Scientific Lawsuit Lawyer Near Me
At Fob James Law Firm, our job is to help you to the best of our ability and fight for you. If you’ve suffered an injury as a result of a Boston Scientific defibrillator device, you should contact our attorneys immediately.
We can determine if you are eligible to file a lawsuit or not. It won’t cost you anything to speak with us. You will never pay us anything until we successfully settle or win your case in court.
Our nationwide Boston Scientific Lawsuit Lawyers are experienced, dedicated, and they truly care about you. We treat all of our clients exactly how we would want our own family members to be treated.
Contact us right now at 866-837-1010 or set up a free case evaluation so we can help you.