Parker Waichman LLP

20 Insurers Sue Over Defective Defibrillators

  Defective Guidant Defibrillators Injury Lawsuits. When countless Southwest Florida heart patients received a letter last year informing them that their Guidant defibrillators were defective, they rushed to their doctors hoping for a replacement. But, they’ve learned that changing the devices can be even more dangerous. “When you are talking about changing out devices, patients undergo significant risk,” […]

Defective Defibrillators

 

Defective Guidant Defibrillators Injury Lawsuits. When countless Southwest Florida heart patients received a letter last year informing them that their Guidant defibrillators were defective, they rushed to their doctors hoping for a replacement.

But, they’ve learned that changing the devices can be even more dangerous.

“When you are talking about changing out devices, patients undergo significant risk,” said Dr. Erick Burton, a Lee Memorial Health System cardiac electrophysiologist, who’s removed 20 to 40 defective defibrillators. “The risk of surgery from taking out the device might be riskier than device failure.”

Now these patients require a lifetime of close monitoring by doctors, which is hitting health insurance companies hard as they pay for that care.

BLUE CROSS AND BLUE SHIELD’S 38 PLANS NATIONWIDE HAVE FILED A LAWSUIT AGAINST GUIDANT CORP

To recoup some of those losses, 20 of Blue Cross and Blue Shield’s 38 plans nationwide have filed a lawsuit against Guidant Corp. for an undisclosed amount. Blue Cross and Blue Shield of Florida is one of the plaintiffs.

“It is just a matter of protecting the company,” said Valerie Rubin, spokeswoman with Blue Cross and Blue Shield of Florida.

The lawsuit alleges that Guidant, based in St. Paul, Minn., knew the defibrillators were defective as early as 2002 but did not issue the recall until 2005. During those years, the company continued to sell, manufacture and market the devices. About 24,000 defective Guidant defibrillators were used.

The devices are implanted in patients with congestive heart failure, abnormally fast heart rhythms or irregular heartbeats to shock their hearts into a regular rhythm.

SHORT CIRCUITING, CAUSING THE DEVICES TO STOP FUNCTIONING ENTIRELY FOR A PERIOD OF TIME

“The subject devices are defective in a number of ways, including short circuiting, causing the devices to stop functioning entirely for a period of time up to 24 hours,” the lawsuit states. “When subject devices resume working after this period, if at all, all of their computer memory has been erased so the malfunctions are not detectable by physicians, hospitals, medical practitioners or patients.”

There have been 26 documented failures, the lawsuit alleges, and contends countless others that went undetected.

Each year, about 64,000 defibrillators are inserted into patients, according to the American Heart Association.

INSURANCE COMPANIES SUING GUIDANT CORP.

  • Blue Cross and Blue Shield Association in Illinois
  • Blue Cross and Blue Shield of Alabama
  • Blue Cross and Blue Shield of Florida
  • Blue Cross of Idaho Health Service, Inc.
  • Blue Cross and Blue Shield of Michigan
  • Blue Cross and Blue Shield of Rhode Island
  • Blue Cross and Blue Shield of Tennessee
  • California Physicians’ Services Blue Shield of California
  • Excellus Health Plan of New York
  • Health Care Service Corporation, which covers part of Illinois
  • Health Care Service Corporation in New Mexico
  • Health Care Service Corporation in Texas
  • Health Care Service Corporation in Oklahoma
  • Horizon Blue Cross and Blue Shield of New Jersey
  • Louisiana Health Service and Indemnity Company Blue Cross and Blue Shield of Louisiana
  • Premera Blue Cross of Washington
  • The Regence Group of Oregon
  • Wellmark Blue Cross and Blue Shield in Iowa
  • Wellmark Blue Cross and Blue Shield in South Dakota

Need Legal Help Regarding Defective Defibrillators?

The personal injury attorneys at Parker Waichman LLP offer free, no-obligation case evaluations. For more information, fill out our online contact form or call 1-800-YOURLAWYER (1-800-968-7529).

What Our Clients Say About Us
We have worked with thousands of clients and we appreciate them and their positive reviews. Here are just a few recent client reviews...
5 Star Reviews 150
Exceptional service ! Extremely knowledgeable. I was treated we respect and dignity everytime I spoke with the staff at Parker Waichman. I want to also thank Gina Viti for always taking my calls and answering all my questions. She was wonderful !
Christian Doran
4 years ago
5 Star Reviews 150
What a wonderful experience with this firm... So many questions, so many answers... Thank goodness for being walked through the medical portion from Joanne Stevens, the nurse. Her professionalism and knowledge certainly put me and my family at ease. Top notch AAA
robin waller
5 years ago
5 Star Reviews 150
I was very pleased with Parker Wakeman and the Paralegal that assisted me her name was Tina Morace she was wonderful and made this process very easy for me Thank you very much
Thomas Gruter
5 months ago

Why Choose Us to Help You?

We Take Care of Everything
Your situation is stressful enough: Let us take on the deadlines, paperwork, investigation, and litigation. We'll handle every detail so you don't have to worry.
No Recovery = No Legal Fees
We work on a contingency-fee basis, meaning that we only get paid from a portion of your settlement or jury award. If you don't get compensation, you owe us nothing.
Decades of Experience
Your situation is stressful enough: Let us take on the deadlines, paperwork, investigation, and litigation. We'll handle every detail so you don't have to worry.
Respected by Our Peers
Judges, insurance adjusters, and fellow attorneys all speak highly of our skills, and we've earned numerous accolades, including a flawless rating from AVVO.
We Have Many Locations To Serve You
We have the experience and the skilled litigators to win your case. Contact us and speak with a real attorney who can help you.
Long Island – Nassau
Parker Waichman LLP
6 Harbor Park Drive
Port Washington, NY 11050
Long Island – Suffolk
Parker Waichman LLP
201 Old Country Road – Suite 145
Melville, NY 11747
New York
Parker Waichman LLP
59 Maiden Lane, 6th Floor
New York, NY 10038
Queens
Parker Waichman LLP
118-35 Queens Boulevard, Suite 400
Forest Hills, NY 11375
Brooklyn
Parker Waichman LLP
300 Cadman Plaza West
One Pierrepont Plaza, 12th Floor
Brooklyn, NY 11201
New Jersey
Parker Waichman LLP
80 Main Street, Suite 265
West Orange, NJ 07052
Florida
Parker Waichman LLP
27299 Riverview Center Boulevard
Suite 108
Bonita Springs, FL 34134
Nationwide Service
Parker Waichman LLP
59 Maiden Lane, 6th Floor
New York, NY 10038