Parker Waichman LLP

Risk cited in replacing heart device

Replacing the device might be riskier than leaving it in. A new study suggests that for some patients with implanted heart defibrillators that have been recalled by the manufacturer, replacing the device might be riskier than leaving it in. Canadian researchers found a much higher than expected rate of surgical complications in people who had their […]

Heart Device

Replacing the device might be riskier than leaving it in. A new study suggests that for some patients with implanted heart defibrillators that have been recalled by the manufacturer, replacing the device might be riskier than leaving it in.

Canadian researchers found a much higher than expected rate of surgical complications in people who had their potentially faulty defibrillators replaced.

As a result, some patients “might want to hang out and wait and see what happens,” said study co-author Dr. Andrew Krahn of the London Health Sciences Center in Ontario.

Six percent of the 533 patients who decided to have their recalled defibrillators replaced over a 12-month period suffered major complications, including two deaths, the study found.

In contrast, the risk of failure among recently recalled defibrillators has been estimated by the manufacturers at just 0.009 percent to 2.6 percent. And not every failure is deadly.

provides the first estimate of the risk of major complications from replacement surgery

The study, published in Wednesday’s Journal of the American Medical Association, provides the first estimate of the risk of major complications from replacement surgery. That is important information for patients and doctors faced with the decision of whether to leave a possibly defective device in the body or replace it.

Implantable defibrillators can be as small as a half dollar and are placed surgically under the skin of the upper chest. Vice President Dick Cheney is among the thousands of Americans who have one.

When the device senses a dangerous and potentially deadly irregular heartbeat, it sends electrical impulses to jolt the heart back to normal. It can correct a heart that beats too fast, as in ventricular tachycardia, or quivers chaotically, a condition known as ventricular fibrillation.

A total of 270,000 defibrillators have been recalled since January 2005, though it is unclear how many were inside patients and how many were on the shelf, according to the Food and Drug Administration. About 80,000 patients received the implantable devices in 2004.

rate of complications from surgical removal will surprise doctors

Krahn said the rate of complications from surgical removal will surprise doctors, because replacing a defibrillator is considered a minor procedure.

“It’s typically performed with a local anesthetic and sedation. It takes an hour or less,” he said. “Most patients return home the same day.”

The researchers studied 2,915 patients who were tracked by 17 Canadian hospitals in 2004-05. All the patients had devices that were recalled by manufacturers, Canada’s national health system or the FDA.

Only 18 percent decided to undergo replacement surgery. Infection, bruising or bleeding required a follow-up operation in 31 of those patients. Two patients died.

“That risk is much higher than we initially thought,” Krahn said.

The researchers did not follow the people who decided against replacement to see whether anything actually went wrong with their defibrillators.

rate of complications from surgical removal will surprise doctors

The findings are applicable to the U.S. because American medical practices are similar to those in Canada, Krahn said.

“We probably should leave more of these alone if they appear to be functioning normally,” said Dr. Anne Curtis, president of the Heart Rhythm Society, a nonprofit group of heart specialists, and chief of cardiology at the University of South Florida. Curtis was not involved in the study.

The Heart Rhythm Society plans to release draft recommendations Wednesday on pacemakers and implantable defibrillators. The draft will include guidelines to help doctors respond to recalls, Curtis said.

Implantable defibrillators, which cost between $30,000 and $40,000, contain batteries, insulated wires, memory chips, magnetic switches and other parts that can go awry. But some flaws are worse than others.

some people might die because the device doesn’t deliver the necessary shock

While some people might die because the device doesn’t deliver the necessary shock, other devices might have a flaw that merely causes the battery to run down early, something that can be caught during routine monitoring.

And some people who have defibrillators don’t need them as much as other patients do. Some patients are implanted with the devices as a preventive measure and have never actually suffered from fibrillation.

Doctors and patients often decide to leave a potentially faulty device in place after weighing the details of the recall and the patient’s health. Krahn said some patients may decide they cannot risk a device failure, and may go ahead with replacement surgery.

develop guidelines based on actual evidence, and to provide better advice to patients

Dr. Dan Schultz, director of the FDA’s Center for Devices and Radiological Health, praised the study.

“This will allow the agency, as well as manufacturers and professional societies, to develop guidelines based on actual evidence, and to provide better advice to patients and doctors in the future,” Schultz said.

After a recall, manufacturers provide free replacements. But insurance companies must pay for the surgery, which can cost thousands of dollars.

Krahn reported that he has financial ties to two device makers, Medtronic and Guidant. But he said that the study was conducted without funding or influence from industry, and that his consulting work does not involve the defibrillators.

Need Legal Help Regarding Heart Device?

The personal injury attorneys at Parker Waichman offer free, no-obligation case evaluations. For more information, fill out our online 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
My experience with Parker Waichman was very professional and thorough from the first day I met with Gerard Ryan regarding my 9/11 claim. He explained in detail how the process works. The paralegals on my case were wonderful in instructing me how to gather my information and what to do at the different stages of the claim. I first worked with Christina Morace followed by Shelly Davis and concluded with Gina Viti. Each of these women was very detailed and helpful in instructing me on what I needed to do. They were very professional, kind and pleasant in all my telephone conversations with them. I must give extra credit to Christina the first person that communicated with me after meeting with Gerard. At a certain stage Shelly Davis began working with me and I found her to be very professional, pleasant and detailed in her instructions. The final stage of the claim I worked with Gina who was also very kind and pleasant. It would have been a pleasure if I had met them in person. Thanks to each of them my case was successfully filed and accepted. Thanks Parker Waichman. Great job Gerald, Christine, Shelly and Gina. No hesitation in recommending you.
Edna Ellis
a year ago
5 Star Reviews 150
The best lawyer company I have ever met, very attentive, very concerned about my case, especially Jorge Peniche, who helped me with everything with my medication, my therapy, and followed up on my case from the beginning. It is a company that I recommend to all my friends. Friends Parker Waichman
Nestor Herrera
5 years ago
5 Star Reviews 150
Parker Waichman llp has been an outstanding law office , with their communicating , especially with nurse consultant " Joanne Stevens " concerning my accident
John Hartley
5 years 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