Parker & Waichman, LLP, Files Class Action Lawsuit on Behalf of Victims of Defective Guidant Defibrillators
Hearing on Multidistrict Litigation Motion to Be Heard September 29, 2005 in Asheville, North CarolinaAug 12, 2005 | PRIMEZONE Parker & Waichman, LLP (http://www.yourlawyer.com) announces that, along with Douglas & London, P.C., it has filed a class action lawsuit on behalf of victims of defective defibrillators manufactured by Guidant Corporation (NYSE: GDT).
The suit was filed in The United States District Court for the Eastern District of New York.
Additionally, the Judicial Panel on Multidistrict Litigation has scheduled a hearing for September 29, 2005 in Asheville, North Carolina regarding a motion to consolidate federal cases against Guidant Corporation. Parker & Waichman, LLP continues to provide free case evaluations to all victims of defective Guidant defibrillators; case evaluations may be requested at www.guidantdefibrillatorsrecall.com or http://www.yourlawyer.com/practice/overview.htm?topic=Guidant%20Defibrillators.
Guidant Corp. recently recalled 11 of its defibrillator models due to malfunctions; the recall affected approximately 88,000 implanted devices.
The malfunctions occurred when a magnetic switch inside the device became stuck and prevented the device from operating properly. The affected defibrillator models are: Contak Renewal (model H135), Contak Renewal 2 (model H155), Ventak Prizm 2 DR (model 1861, Vetak Prizm AVT, Vitality AVT, Renewal AVT, Contak Renewal 3, Contak Renewal 4, Renewal 3, Renewal 4 AVT and Renewal RF.
At the time of the recall, Guidant Corp. issued specific reprogramming instructions and recommendations to physicians that were intended to correct the defect. However, on July 22, Guidant Corp. said that one of the recommendations made may significantly increase the risk that the Ventak Prizm, Vitality and Contak Renewal device models would malfunction.
The defects associated with these Guidant defibrillators first surfaced in the company’s August 2003 annual report. However, the company did not notify patients nor doctors about the defects until June 2005. The New York Times reported that Guidant failed tell doctors and patients for three years that the VENTAK PRIZM 2 DR model contained a flaw that caused some defibrillators to short-circuit. However, Guidant stood by its decision to continue selling the PRIZM 2 DR for months, declaring that the original device was still reliable.
About Multidistrict Litigation
Multidistrict litigation is a procedure utilized in the Federal Court system where all pending civil cases of a similar type, filed throughout the Federal District Courts in United States, are transferred to one federal judge for the purpose of pre-trial discovery. The decision of whether cases should be transferred is made by a panel of seven federal judges appointed by the Chief Justice of the United States Supreme Court. The Judicial Panel on Multidistrict Litigation meets periodically to review requests that cases be consolidated for pretrial matters, pursuant to 28 U.S.C. § 1407, a law passed by Congress.
About Parker & Waichman, LLP
Parker & Waichman, LLP is a leading products liability and personal injury law firm that represents plaintiffs nationwide. With offices in New York and New Jersey. Parker & Waichman, LLP has assisted thousands of clients in receiving fair compensation for injuries resulting from defective medications and medical devices. For more information on Parker & Waichman, LLP please visit: (http://www.yourlawyer.com) or call 1-800-YOURLAWYER (1-800-968-7529).
Parker & Waichman, LLP
Jason Mark, Esq.
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