Surgical Stapler Lawsuit
Patients who have undergone surgery which involved the use of a surgical stapler are at risk of the complications brought by this medical device. There have been reports of serious injuries caused by surgical staples. Misfired staples, for instance, can go deep into a patient’s organs which were not the sites for operation or surgery, and therefore may cause organ damage. Surgical staplers may also cause infection on the incision site if there is bacteria present on the tool itself. As a result, the organs might sustain unspeakable damage such as internal bleeding. Unfortunately, surgical stapler injuries can take a few days to identify and more often, the consequences are long-term or permanent, and would require additional treatments and surgeries.
If you or a loved one had undergone surgery that called for the use of surgical staplers, and has experienced internal bleeding, infections, organ damage, fistula formation, and many other surgical stapler injuries, you may be eligible for compensation by filing a Surgical Stapler lawsuit. Know that you are not fighting this battle alone as many victims of surgical stapler malfunctions and errors are already filing Surgical Stapler lawsuits. Continue reading to know more about the myriad of possible dangers brought by these medical devices and how you can seek compensation. Our surgical stapler lawyers will be more than willing to help you and be with you every step of the way as you fight for your rights.
What are Surgical Staplers?
Surgical staplers are medical devices commonly used by health care providers in place of sutures. They can close wounds and incisions and are often used in minimally invasive surgery. Surgical staplers have been around for more than 50 years and have been heavily marketed as time savers.
However, according to the Manufacturer and User Facility Device Experience (MAUDE) Database of the U.S. Food and Drug Administration, a public database where manufacturers are required to report about any injuries or malfunctions related to their medical device, between 2011-2018, around 109,997 reports of surgical stapler malfunctions have been made, including 9,000 serious injuries and 412 deaths.
These large range of numbers, however, only represent what the FDA has admitted in public. An investigative report by Kaiser Health News recently revealed the existence of a hidden database where reports made about surgical stapler injury and error complaints received by surgical stapler manufacturers are being kept in the dark. Kaiser Health News also reported that a whopping 56,000 reports of surgical stapler malfunctions included in the hidden database were never disclosed to the public.
Surgical stapler manufacturers such as Ethicon, a subsidiary of Johnson & Johnson, and Covidien, a subsidiary of Medtronic, where the majority of surgical staplers used in American hospitals come from, are aware of the problems associated with surgical staplers, yet reports of serious injuries keep coming with the continuous use of surgical stapler in medical facilities.
Risks Associated with Surgical Staplers
Surgical staplers can cause serious injuries unlike sutures or stitches. Due to surgical stapler failures like misuse, malfunction, misfiring, and even usage of wrong staple for a surgery, you or a loved one might be at risk of serious injuries which could require additional surgeries and medical expenses. Some of the injuries cited in a number of Surgical Stapler lawsuits are the following:
- infection at the incision site
- blood loss
- internal bleeding
- damage to internal tissues and internal organs
- increased risk of cancer
- higher risk of cancer recurrence
- fistula (an abnormal connection between two body parts, like an organ and another structure)
Needless to say, a surgical stapler injury might drive a patient to a life of pain and suffering, and even complications leading to death.
Ethicon surgical stapler recall
There has been a series of recalls on some Ethicon surgical stapler, which proves just how dangerous the medical device is.
The most recent one, however, was initiated by the U.S. Food and Drug Administration when it announced a recall of Ethicon Intraluminal Staplers due to reports received by the agency about problems in the surgical stapler which is mostly used for gastrointestinal surgeries.
A month after, the FDA designated the recall as Class I, which means that the particular Ethicon surgical stapler causes serious side effects and dangers, even death.
If you or your loved one was affected by the Ethicon surgical stapler recall, then you can contact us to know more of the requisites to file a Surgical Stapler Lawsuit.
Why Should I file a Surgical Stapler lawsuit?
According to a number of surgical stapler lawsuits brought to the attention of the court, plaintiffs accuse surgical stapler manufacturers of how the medical devices have defective designs.
Various reports of surgical stapler injury support this claim that the device is indeed faulty. The manufacturers, however, like to point the blame at health care providers most of the time, and would turn a blind eye to the defects of the surgical staplers.
The surgical stapler lawsuit that you may be filing today can help hold Ethicon and/or Covidien accountable for manufacturing a potentially defective medical device.
Filing a lawsuit is the only way to seek justice against giant companies who harm the general public. Looking at the bigger picture, victims of surgical staplers should fight for their rights in order to save other Americans from suffering the same fate as them. The more plaintiffs who will stand up, the bigger the chances of holding these companies accountable.
If you or your loved one suffered from side effects, injuries, needed additional surgeries from defective surgical staplers used in hospitals, and even affected your personal life with loss of enjoyment of life and lost wages, then you can contact us for a free case evaluation. Our lawyers can help you file a Surgical Stapler Lawsuit today.
How much Money can I get in a Surgical Stapler Settlement?
As of now, it is still difficult to estimate the payout per person once the cases are eventually settled.
In 2015, however, Ethicon awarded one victim $80 million, which includes $70 million in punitive damages, as the surgical stapler injury nearly killed the victim due to complications.
Other settlement in a Surgical Stapler lawsuit with other companies like Medtronic have also seen deals amounting between $5 million and $8 million.
By far, no multi-district litigations have formed yet, but this may soon change as more people are continuously filing a Surgical Stapler lawsuit as we speak.
We know how hard it is to live with a surgical stapler injury, so we are here to take the stress and pressure off of you. Call us for a free case evaluation so we can assess your eligibility to file a case, and we will help you with the necessary legal steps to take in fighting for your rights.