QUESTION
Implanted w/Medtronic Pacemaker with device lifespan of 8-10 years, the battery failed after less than 5 years. Is there liability?
Asked on Aug 11th, 2012 on Products Liability - New Jersey
More details to this question:
1. 1st pacemaker implanted 1/3/1997.
2. Device lasted 10.5+ years until replaced with 2nd Device on August 20, 2007.
5. 2nd device was Medtronic EnRhythm Implantable Pulse Generator (IPG) Model P1501DR. Known to have battery problems??
6. May 5, 2012, 2nd pacemaker went into EOL mode (65 bpm).
7. Did not really feel well after that. Started a new job in April, was stressful, felt that was primary contributing to not feeling well.
9. Never suspected pacemaker battery problem was cause of not feeling well. Only in less than 5 years.
10. August 10, 2012 -- NYU Medical Center, NYC. Went to doctor they determined pacemaker battery was dead, had died on May 5, 2012 and I needed immediate surgery to replace pacemaker.
11. August 10, 2012 -- NYU Medical Ctr, NYC. 5:30p-7:30pm -- 3rd pacemaker implanted.
12. Over course of Summer, felt fatigue, lost job, lost other work, depressed, and now had to have another operation to replace pacemaker. Risk, and hospital bill to follow.
1 ANSWER
Catastrophic Injury Attorney serving Roseland, NJ
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John J. Ratkowitz
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If you are interested in pursuing a claim, you should contact a local personal injury attorney (one in your state) who pursues products liability claims. From my perspective, if the third pacemaker cures the physical problems caused by the second pacemaker, you probably do not have a financially viable case. Although it sounds like you have a lost wage claim as part of your damages, under the law you have a duty to mitigate damages, so if you get another job, your lost wage claim will be limited.
Personal injury attorneys take cases on a contingency basis which means you only have to pay if you succeed. Additionally, initial consultations are free. You can use the "Find a Lawyer" service through this website to research personal injury attorneys. Then, visit each attorney's website and select a firm that has a record of successful verdicts.
Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com Skype: john_ratkowitz Web: www.starrgern.com.
Answered on Aug 13th, 2012 at 9:42 AM