Parker Waichman LLP

First Bellwether Trial Has Been Scheduled Involving Allegations of St. Jude Riata Injury, Death

The first St. Jude Riata bellwether trial is scheduled for February 3, 2015, according to court documents. The patients chosen for the case allege that the Riata defibrillator leads are defective. In one case, a patient died and the others allege injuries following a heart procedure that was allegedly caused by the Riata’s defects. A […]

The first St. Jude Riata bellwether trial is scheduled for February 3, 2015, according to court documents. The patients chosen for the case allege that the Riata defibrillator leads are defective.

In one case, a patient died and the others allege injuries following a heart procedure that was allegedly caused by the Riata’s defects. A Scheduling Order filed on January 24, 2014 in the U.S. District Court for the Central District of California, Southern Division indicates the plaintiffs chosen for the bellwether cases; a pre-trial conference date is set for January 12, 2015 and discovery will remain open until October 21, 2014.

According to a Joint Status Conference report dated February 24, 2014, the St. Jude Riata defibrillator leads are allegedly defective due to their tendency to fracture and malfunction. In fact, the Riata Implantable Cardioverter Defibrillator (ICD) Lead was recalled on November 28, 2011 over premature erosion of the insulation that surrounds the electrical conductor wires. This is known as insulation failure. Also, according to a U.S. Food and Drug Administration (FDA) Safety Communication, the Riata devices deliver an electrical current to an implanted cardiac defibrillator. If the lead fails, serious consequences may occur.

The plaintiffs chosen for the bellwether include a man implanted with the Riata lead in 2004. In 2012, his doctor advised him that the wire was failing and that the device lead required replacement. The lead was removed through a laser abstraction on June 18, 2012. The patient alleges that he suffered injuries due to the defective lead, such as damages associated with multiple fluoroscopy procedures, extrusion of the conductor, compromised lead insulation, increased lead impedance, and electrical abnormalities.

The other case involves a woman bringing the suit on behalf of her now-deceased husband who received a Riata lead on December 13, 2005. The man suffered cardiopulmonary arrest and died on September 6, 2011. The injury and death have been alleged due to the failure of his Riata lead. After he died, the Riata lead was found to be abraded; the abrasion is being blamed on his death.

The FDA Safety Communication indicates that, according to St. Jude Medical, as of 2011, some 79,000 Riata leads remained implanted in United States patients.

The Riata was removed from the market in 2010 following reports of defects and high failure rates, which, as well as emerging lawsuits, allege that the Riata’s conductive ends break free. When this happens, the device either delivers excessive shocks, insufficient shocks, or shocks at the wrong time. The problem stems from the Riata’s exposed ends, which have been linked with internal injury reports that include reports of lacerations. An inferior Riata lead housing was blamed for many of the reported defects and was ultimately changed to a silicone material, called Optim, and released as the Durata lead.

In one case cited in a prior The Wall Street Journal report, a 55-year-old plaintiff said she received a number of shocks in a 25-minute period while she was laying on her bed. She underwent surgery to have the faulty lead removed and her physicians said the explanted Riata revealed faulty wiring.

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
Positive: Professionalism , Quality , Responsiveness , Value I am so thankful for the service I received from PW LLP. I would also like to give a shoutout to Benita. She kept me informed in regard to my case.
Helen Washington
3 years ago
5 Star Reviews 150
Benita Rollis handled my claim from inception to competition in a professional practical manor. She responded promptly with complete information. She is a credit to Parker Waichman and should be recognized for her outstanding legal ability. I would recommend Parker Waichman for any type of legal action especially Ms. Benita Rollis.
Paul Reynolds
3 years ago
5 Star Reviews 150
It was a pleasure to work with Julie Trinidad as my case manager at Parker Waichman, she did a great job on my case!!!.
Ignacio Tamarez
6 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