Consumer Affairs reports that the Department of Justice (DOJ) has filed a complaint against Boston Scientific Corp. and Guidant for knowingly selling defective cardiac defibrillators. The medical devices in question, the Ventak Prizm 2, and the Renewal 1 and 2, were being redesigned but Guidant continued to sell the remaining stock that was still on shelves knowing they were defective.
Implantable cardiac defibrillators detect an irregular heart beat and are supposed to deliver a life-saving shock.
The government complaint says Guidant knew as early as April 2002 that the Prizm2 had a potentially life-threatening defect and hid that information from doctors, patients, and the FDA putting patient lives at risk and costing Medicare and taxpayers. In fact, Guidant did not reveal the defective devices to the FDA until May 2005 after an article appeared in the New York Times.
Last February the company pleaded guilty to misleading the federal agency about the defective medical devices. In 2006, Guidant was acquired by Boston Scientific.
A private citizen, in this case a man who received one of the defective devices, blew the whistle on Guidant and can receive a portion of the monies awarded to the government in recovery.
Under Florida’s product liability law, an injured consumer can make a claim if the product sold is in a condition that presents an unreasonable danger to the public and if the risk of danger outweighs the benefits.
The manufacturer, seller, and designer can all be held liable for a defective product and be held responsible for compensating the injured for medical expenses and lost wages as well as pain and suffering. Farah & Farah’s Florida product liability attorneys will offer you a complimentary meeting to determine if you have a claim we can pursue for your benefit.