Medtronic Inc., Minnesota based medical device manufacturer, is currently battling with patients over whether the responsibility for its defective products lies with it or the Food and Drug Administration (FDA). Medtronic believes that injured patients are pre-empted from filing lawsuits in state court – which has led many to wonder if the Company will settle the hundreds of lawsuits filed against it over its Sprint Fidelis recall.

Settlements likely

Neil Overholtz, a Florida attorney whose firm represents Fidelis patients, says that settlement seems more likely. He explained, “Medtronic has settled defective device cases in the past, but has taken a different tack with these new lead cases. They seem to want to litigate. However, once the Company realizes that these are very winnable cases, I think they’ll understand that resolving them by way of settlement will be easier than fully litigating every single one.” He provided the following information as to why he thinks these cases are winnable:

• Damages are severe. The stories that patients tell about their situations are simply unbelievable. Changing these leads can actually result in permanent damage to someone's heart because the leads may actually be screwed into the heart – similar to the way a tine would be screwed into drywall. It pokes through and then the tines come out and keep it from coming back. Well, pulling those out of the heart pulls out the heart tissue. The complications from that process can be extreme.
• Instances of excess shocking are extreme. The instances of unnecessary shocking from these devices are extreme and far worse than many believe. This is serious shock, not just little tiny little jolts. It's a serious shock that patients’ families may witness. They’ll see their loved ones going through it and in many cases, there’s just nothing they can do about it.
• Juries will be sympathetic. When a jury hears that kind of information, it’s likely to play against Medtronic. Juries are hard working people and will see that these cases have significant levels of damage, especially for the ones that have had to have surgery and replacement.
• Reprogramming may be risky. While many patients have had their devices reprogrammed by the Company, the reprogramming involves a decrease in the device’s sensitivity level – which means that patients may not get the therapy they need. It really puts them in a very bad situation.

If you or a loved one has a Medtronic Sprint Fidelis lead, contact a qualified attorney to discuss your situation. For a free, no-obligation consultation, please click here.