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Defective Medical Products

Medtronic Sprint Fidelis Death Cases: Families Deserve Compensation

In a letter to doctors dated March 13, 2009, Medtronic Inc. told doctors that 13 deaths may be associated with the Medtronic Sprint Fidelis lead and that 4 of these deaths were associated with lead extraction:

The Panel [Medtronic’s Independent Physician Quality Panel] has identified 13 patient deaths in which a Sprint Fidelis lead fracture may have been a possible or likely contributing factor. The Panel noted that four of the 13 deaths were associated with lead extraction, highlighting the risks associated with that procedure. With the exception of the appearance of deaths associated with lead extraction, no new or unexpected trends have been observed.¹

Even as Medtronic is acknowledging that their Sprint Fidelis lead has led to patient deaths, the company refuses to compensate the families for their loss.

In the name of decency and justice, the legal wrangling to avoid responsibility to these families should end, and Medtronic should fairly, fully and adequately compensate these families. Read about the tragic case of the Turnidge family. A mother is left to raise two young sons alone. Our lawyers are representing the Turnidge family and several other Sprint Fidelis shock victims and their families in Medtronic lawsuit cases.

In the same letter to doctors, Medtronic acknowledge that FDA has received reports of 107 deaths that “include allegations that the Fidelis lead may have caused or contributed to a patient death”:

Approximately 268,000 Fidelis leads have been implanted worldwide. The FDA’s MAUDE database currently has 107 Medical Device Reports (MDRs) that include allegations that the Fidelis lead may have caused or contributed to a patient death. Most of these MDRs were not initiated by medical professionals; the majority were initiated by family members or attorneys with minimal supporting data. Medtronic’s Independent Physician Quality Panel has reviewed 89 of the 107 reports. It is not possible to determine cause of death with certainty.¹

Medtronic states on its website that its mission, “penned more than 40 years ago,” is “to alleviate pain, restore health, and extend lives.”² If this really is the mission of the company, Medtronic’s goal in these 107 death cases should not be to avoid liability at all costs. Medtronic should take a caring look at the cases and compensate deserving families. This is the right thing to do.

References:
1. Medtronic Letter to Doctors: http://www.medtronic.com/product-advisories/physician/sprint-fidelis/PHYSLETTER-2009-03-13.htm.
2. Medtronic Mission Statement: http://www.medtronic.com/about-medtronic/index.htm.

Posted March 2009.

Labels: Medtronic defibrillator lead, Medtronic defibrillator lead lawsuit, Medtronic defibrillator lead recall, Medtronic lawsuit

Medical Device Safety Act Introduced

On March 4, 2009, in the case of Wyeth v. Levine, the U.S. Supreme Court preserved the right of people injured by dangerous and defective prescription drugs to sue the drug maker for compensation for injuries. It was an important victory for patients.

Thursday, following on the heels of the Wyeth decision, the Medical Device Safety Act was introduced in the Senate by Senators Edward Kennedy and Patrick Leahy and in the House by Representatives Waxman and Pallone. This bill will restore the rights of patients injured by faulty medical devices – a right patients lost last year as a result of the Supreme Court’s decision in Riegel v. Medtronic.

While the Wyeth decision is an outstanding victory, there is still hard work to be done, including making clear, once and for all, that Congress does not intend for FDA regulation to preempt claims against device manufacturers. As part of this fight, AAJ is participating in the Campaign to Stop Corporate Immunity, and we encourage you to visit www.StopCorporateImmunity.org to learn more about the campaign.

For more information:

Posted March 7, 2009.

Pritzker Olsen attorneys have appeared on national television and have been quoted by national publications, including The New York Times, The Wall Street Journal, Associated Press and Lawyers USA. Attorneys Fred Pritzker, Elliot Olsen and Eric Hageman have been named "Super Lawyers" by Law and Politics magazine (2008 and previous years). Attorney Fred Pritzker is also listed in the current edition (2008) of The Best Lawyers in America. To contact Pritzker Olsen Attorneys, please call 1-888-377-8900 (toll free) or submit the firm's free consultation form.

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Firm News

AV Preeminent Rating by Martindale-Hubbell

Attorneys Fred Pritzker and Eric Hageman have been given the highest rating by Martindale-Hubbell for attorney, AV Preeminent. An AV® certification mark is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence.

Adjunct Teaching Position At U of M Law School

Attorney Brendan Flaherty has accepted an adjunct teaching position at the University of Minnesota Law School. For the 2011 spring semester, Flaherty will teach a course entitled "Practice and Professionalism," which will introduce students to foundational lawyering skills and professional responsibility issues.

Attorney Elliot Olsen Speaks at Conference

Attorney Elliot Olsen recently spoke at the Seventh Annual LifeScience Alley Conference in Minneapolis on Preemption and the Future of Medical Device Litigation. He appeared with Randall Pattee of Lindquist and Vennum and Jean Lance, VP of corporate legal and general counsel for Boston Scientific.

Named Super Lawyer

In recognition of their achievements, Attorneys Fred Pritzker, Elliot Olsen and Eric Hageman were named "Super Lawyers" by Law & Politics magazine. According to Super Lawyers, "The objective is to create a credible, comprehensive and diverse listing of outstanding attorneys that can be used as a resource to assist attorneys and consumers in the search for legal counsel."

Brendan Flaherty Named a Rising Star

In recognition of his achievements, Attorney Brendan Flaherty was named a 2010 Rising Star by Minnesota Law & Politics. Only 2.5 percent of the state’s lawyers are included on the list, which highlights Minnesota’s best up-and-coming legal talent.

Fred Pritzker Listed in The Best Lawyers in America

Fred Pritzker has been notified that he will again be listed in The Best Lawyers in America for his work in personal injury litigation.

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