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GUIDANT IMPLANTED CARDIAC DEFIBRILLATORS RECALLED
Television and movies have popularized the well known paddles applied to the chest externally and used to shock the heart into a normal rhythm. This type of equipment is called a defibrillator. Less well known is that defibrillators may be implanted in the chest and set to administer a shock automatically. Vice President Cheney had such a device implanted in his chest after having sustained 4 heart attacks. Implantable cardiac defibrillators (called an ICD or implantable cardioverter defibrillator) are designed to detect an irregular heart rhythm and, upon detection, to shock the heart back into a normal heartbeat pattern. At least 45 defibrillator failures have resulted in the deaths of at least two people caused by a flaw discovered in Guidant Corp.'s cardiac defibrillator implants. Guidant itself admits that the failure and death rate may be much greater, because implantable cardioverter defibrillators (ICD's) are not routinely evaluated after death. (See "Dear Doctor" letter of June 17, 2005) The corporation, based in Indianapolis, and soon to become part of Johnson & Johnson, has recalled 50,000 of the defective devices. 38,000 of the devices were implanted in patients in the US and the rest were implanted in patients worldwide. Several models pose a danger of malfunction and are included in the recall. Guidant has been criticized for continuing to sell at least one of the models for quite some time after discovering the flaw. The Food and Drug Administration (FDA) has advised patients with Guidant Defibrillators to contact their doctor to discuss the issue of removal but is not itself recommending removal at this time. Guidant has been silent on the need for removal, but is sending warning letters to doctors advising them of the malfunctions and has offered to replace some patients' defibrillators. The FDA has issued updated information about the Guidant defibrillator malfunctions.
The law of most states provides several grounds for lawyers to bring personal injury claims for persons who have been seriously injured by a defective medical device. The lawyer bringing such a case may include in his theory of recovery legal doctrines imposing strict liability for a defective product, breach of warranty, negligence and misrepresentation. For persons who have died, the attorney representing their surviving spouse or other family members can bring a wrongful death law suit. Ashcraft & Gerel's attorneys are now reviewing Ancure cardiac defibrillator claims. Our attorneys have been leaders in mass tort and medical product liability cases and settlements, including asbestos, breast implants and tainted blood. Our lawyers have been at the forefront of the Fen Phen diet drug claims. We have a toll free number for an attorney to answer your questions with regard to your specific claim. That number is 1-800-725-6470. If you would prefer that one of our lawyers contact you, please feel free to email us or complete the help inquiry form on this web site, and a lawyer will respond to your case inquiry within 24 hours.
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*IMPORTANT: It is important to note that there are few instances when any two states agree on issues within a given field of the law. This document is intended to provide only an overview of Guidant Defibrillator claims in general, and it is not intended to substitute for an experienced lawyer or be relied upon in the handling of a particular case. The rules and principles set forth in this article may vary from state to state. Medical product liability litigation is fraught with danger to the inexperienced lay person, as well as to the inexperienced attorney. It is strongly recommended that any injured victim of a Guidant Cardiac Defibrillator malfunction reading this page who is not already represented by experienced attorneys, immediately seek the same.