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Judge says legal process may continue re defective medical device

Anyone in Tennessee who has undergone a medical procedure to insert a cardiac defibrillator machine as treatment for a heart condition may want to pay close attention to an ongoing situation in another state. A man has filed a lawsuit against St. Jude Medical manufacturing company regarding an allegedly defective medical device that he says caused him injury. The manufacturer of the device has already settled a slew of lawsuits surrounding the product in 2015, before another company took over its ownership.

The defibrillator leads in question were pulled off the market in a massive federal recall several years ago. It was determined that there was a wiring problem in the product that apparently caused internal conductors to wear through insulation. This placed medical patients at risk for unnecessary and unwanted electrical shocks.

A man in California has since filed a lawsuit alleging the defibrillator that was inserted in his body in 2003 issued as many as 20 unwarranted shocks to him as he slept. His claim states this malfunction caused permanent damage to his body and his mind. St. Jude Medical filed for dismissal of the man's case on several grounds.

A U.S. District Court judge declined dismissal of the man's manufacturing defect and negligence claims but did rule that a failure-to-warn claim had no basis as filed, although the plaintiff has a certain amount of time to amend that part of his claim. Many Tennessee patients trust that the special devices used to treat their conditions are appropriately designed and safe to use. If a medical device causes injury, a personal injury attorney can help a recovering victim pursue justice in court.

Source: massdevice.com, "Abbott's St. Jude Medical can't escape Riata lead lawsuit", Brad Perriello, Aug. 25, 2017

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