Boston Scientific Implantable Defibrillator Blamed for Death
April 25th, 2008 joshua
The Supreme Court ruling which seemingly gives medical device makers immunity from lawsuits is not stopping injured patients from pressing forward.
The family of an Orange, Texas man is suing Boston Scientific after its Implantable Cardioverter Defibrillator failed Joseph Roberts when he arrived at a
Texas hospital for an upgrade to a Vitality 2 biventricular ICD in November 2005. Three weeks and another hospital later, he died. Now his family is seeking damages from the company, according to the Southeast Texas Record.
Roberts’ wife realized in 2007 Boston Scientific recalled the ICD when it merged with Guidant in 2006. The lawsuit says Guidant Sales conspired with Boston Scientific to “conceal the fact the defibrillators in question contained a defect which caused a number of the devices to short circuit and malfunction.”
The Roberts family is leveling a laundry list of charges against Boston Scientific and is seeking damages because it claims the company is “liable under the theory of strict products liability and that products were defectively designed, manufactured and marketed and were the proximate cause of the plaintiff’s damages.”
