Technology has continued to grow leaps and bounds with each passing year. New medical devices are entering the market promising the world, yet some are failing to deliver.
This is where the Medtronic HeartWare HVAD lawsuits have kicked up a storm. For those who have been on the receiving end of this malfunctioning device, it has become important to understand your legal rights.
The mass tort lawyers at Dalimonte Rueb Stoller offer detailed solutions to make sure you receive credible legal expertise from day one. We are qualified, patient, and willing to assist with your lawsuit moving forward. To learn more about what we can do for you, give us a call at (833) 44-DRLAW.
What is the Medtronic HeartWare HVAD Pump System?
The Medtronic HeartWare HVAD Pump System was specifically engineered to act as a comprehensive ventricular assist device, which allows the heart to function normally. This includes making it easier for the heart to pump the right amount of blood needed throughout the body.
This is a common issue for those suffering from heart disease and/or other heart conditions. When the heart begins failing, it struggles to send the blood to where it needs to go. This is why the device was crafted as it would allow the heart to pump without failure.
The device came to rise after it was bought by Medtronic from HeartWare International in 2016.
At the time, this was a technology that had a lot of promise, and loads of patients were hoping to receive access to a device that could help with their hearts. Those who were dealing with the final stages of heart failure needed something to assist their ventricle with pumping blood. Without appropriate medical assistance, these patients would not survive.
As more time went on, the FDA deemed it worthwhile to approve the system for patients that were in the final stages of heart failure. These devices would be reserved for patients that didn’t have the opportunity to get a heart transplant done.
This is when the device picked up steam and become a solution that would be used in all sorts of procedures.
What Types of Conditions Would This Device Be Used For?
The device was being used to help the heart pump blood throughout the body.
It was supposed to assist patients dealing with heart failure, which would include the ventricle not pumping blood the way it was supposed to. This is what caused heart failure in patients and previously they would not have had a viable option other than a heart transplant to correct the issue at hand.
Those who were suffering from coronary artery disease, diabetes, cardiomyopathy, endocarditis, high blood pressure, and/or valve disease to name a few were at risk. This included their heart failing either in the short or long-term.
What are the Injuries and Risks That Are Associated With This Device?
While the device was quite popular when it first hit the market, this started to change as more and more patients began reporting side effects.
This included numerous Class I recalls coming through when patients began getting injured and/or dying due to the effects of the device on their bodies. The reason for these failures had to do with the frequency not syncing with the body.
This meant when the device was active, it would create stress on the body, which would lead to strokes. This led to the circulatory system in the human body not working the way it was supposed to.
This is why Medtronic felt it was best to recall the device and not sell it on the open market. The numbers were piling up with up to 91 injuries and 15 deaths. The complaints were varied and many stated the device was simply not working the way it was supposed to.
What Do We Know About The Lawsuits Regarding the Device?
The lawsuit has been an intricate one with more and more people wanting to join.
It is essential to understand what the lawsuits are all about and which direction clients are going in. We are well-equipped to assist with these types of lawsuits and understand how to position your case in a situation such as this.
Since we have been doing this for a while, you are going to want to start with a bit of information on what is going on.
This includes key details such as:
The initial Medtronic HeartWare HVAD lawsuit was set up in 2015 with regards to how the Medtronic device was functioning. This lawsuit was set up by the Dan Abrams Company within multiple states in a bid to look at how specific spine devices were being used to assist patients. This included the type of clearance these devices had as Class 2 devices. For them to be functional, the Medtronic HeartWare HVAD lawsuit stated they need an additional FDA clearance for Medicare reimbursements.
It was in 2019 when the Central District Court of California stated Medtronic was in the right for FDA approval. This led to an appeal being filed. This is when the decision was reversed with regards to how the spine devices were being used and the type of clearance they required.
The main issue at the time was these devices were promising a lot but there were direct issues with regards to how safe they were compared to other devices. This included not enough information being released about the devices by Medtronic when it came to how they would be used.
There are now additional lawsuits being set up against Medtronic by patients that have been wronged by the device. This includes those who were injured due to the use of this type of device and/or lost a loved one that had this device setup in their body.
It is essential to figure out which one applies to you as that is the best way for us to move forward. Our law firm is more than happy to assist with the Medtronic HeartWare HVAD lawsuit and will provide comprehensive advice on what needs to happen next.
How Can Our Lawyers Help?
When it comes to fighting a case such as the Medtronic HeartWare HVAD lawsuit, you are going to want to choose a qualified law firm. This is the only way to feel good about the team you are choosing and how effective they are going to be over the long haul.
We are a competent law firm because we have represented clients in similar lawsuits. We are well-versed in local and federal regulations while also having the ability to provide immediate assistance.
Having a lawyer by your side is one of the most important things in a legal battle such as this. You are not going to want to settle for less and that is where our legal expertise is going to go a long way. You will learn more about how the case needs to be managed and which steps should be taken moving forward.
We are also going to offer assistance when it comes to collecting evidence, filing legal claims, managing trials, and/or dealing with settlements. Everything about the process should be handled with care including how you are represented in the court of law.
Due to our expertise, you are going to have access to ample legal resources and everything will be done in line with your requirements.
Our lawyers are some of the best in the region with extensive experience with mass torts and will always put their best foot forward to help. We are focused, passionate, and will make sure you can fight for your rights immediately.
To learn more about what we have to offer as a law firm, give us a call at (833) 44-DRLAW.
What is the Process of Filing a Class Action or Mass Tort?
When it is time to move forward with a mass tort lawsuit, you are going to want to understand your legal options and strategy beforehand.
Mass tort lawsuits are not the same as class action lawsuits.
With a class-action lawsuit, you are going to be adding your name to a list of other plaintiffs. This includes anyone else that has had to deal with similar side effects from the Medtronic device.
On the other hand, if you are looking to move forward with a mass tort lawsuit, this is going to be filed separately with the help of a law firm. You are going to have to file this federally and it is going to be done after going through all of the relevant medical information associated with your case.
In a situation such as this, the first thing you are going to want to do is to sit down with a legal expert. Our lawyers will take the time to go through everything with you during the initial consultation. Just give us a call at [PHONE] to learn more about what we have to offer and what we can do for you with a Medtronic HeartWare HVAD lawsuit.
What Type of Damages Can I Receive If the Medtronic HeartWare HVAD Lawsuit Wins?
It is the damages that are going to matter the most as you look to seek compensation from the Medtronic company and the Medtronic HeartWare HVAD lawsuit.
In lawsuits such as these, you are going to have a few legal options up your sleeve. It’s always important to take the time to discuss each option in your case with one of our lawyers along with understanding what those options are.
We will go over all of them as soon as you call us at (833) 44-DRLAW.
The main type of damage that you are going to cite will include economic damages. These are damages that are going to take money out of your pocket due to the side effects that came from the device. This could include medical fees, prescription fees, loss of income, and/or any other expense that you had to pay due to the failure of the device.
You are also going to have the option to file for non-economic damages.
These are specific damages that are more focused on your quality of life. This includes potential stress, anxiety, depression, and/or a simple drop in quality of life. If the failure of the device had this type of impact on you, it can be mentioned in the legal claim.
Is There a Time Limit to Filing My Claim in a Medtronic HeartWare HVAD Lawsuit?
One of the most important details to think about will be the statute of limitations for mass tort lawsuits.
With a mass tort lawsuit, there are no strict deadlines in place. This is due to the amount of time it takes for the evidence to be collected and/or new information to come to light. This is why companies are not let off of the hook by states just because time has gone by.
If there is new evidence that has come to light, this can be used in a lawsuit.
This is why the only time limit that you are going to have to worry about will be the one set for your Medtronic HeartWare HVAD lawsuit. Feel free to sit down with a credible legal expert to see what more can be done for you.
Getting a consultation done with one of the best lawyers in the region is a great idea. It will allow you to learn more about your options and what needs to happen.
Call Our Mass Tort Lawyers Today for Help with Your Medtronic HeartWare HVAD Lawsuit
Dealing with the side effects of the Medtronic HeartWare HVAD Pump System is something that will have changed the course of your life.
Whether it is strokes, pain, and/or discomfort, you will want to seek compensation. This is your legal right and it is something we are dedicated to helping with.
If you are looking to fight for your rights because the Medtronic HeartWare HVAD Pump System failed then it is time to give us a call at (833) 44-DRLAW. Our legal team Dalimonte Rueb Stoller will take the time to set up a session with you to shed light on what needs to happen and why we are the best.
Don’t settle for less and make sure you receive the compensation you deserve. Call our expert legal professionals for advice with your Medtronic HeartWare HVAD lawsuit today.