Paraplegic Sues Medtronic for Disability
According to Bloomberg News, a paraplegic sues Medtronic and is seeking an appeal in the US Supreme Court regarding a lawsuit targeting Medtronic. Medtronic is a machine that infuses pain medication into the spine and was supposed to help the plaintiff to minimize his back pain. Unfortunately, the surgery went tragically wrong, and the individual is now a permanent paraplegic.
Medtronic is accused of not telling regulators about problems with the SynchroMed EL pump and catheter. The device maker argues that they cannot be sued using state law because the violations would be covered by the Federal Law. The appeals court rejected this claim, and the lawsuit has now moved to the U.S. Supreme Court. The court has even sought advice from the Obama Administration regarding the lawsuit.
Reuters reports that the court’s interest in the case shows that the justices want to learn more about Medtronic and may be able to take on other cases regarding the medical device. The FDA has already warned Medtronic about issues with its products and announced that hey failed to disclose risks associated with the device.
The FDA eventually pulled the pump off the market altogether in 2008. If you have been injured by Medtronic or another medical device, then you may have the right to seek compensation. You will want to talk with a New York City personal injury attorney to learn more about your options.
Oftentimes, medical device-makers can be held accountable for their mistakes, especially if a device that is intending to help patients instead harms them. You will want to sure a medical malpractice attorney to assist you in your case if you decide to litigate. Make sure to use all medical records and any other evidence that you may have to prove your case.