Parker Waichman LLP

Motion to Dismiss Riata Defibrillator Lead Cases Denied

A motion to dismiss five cases alleging that manufacturing defects caused St. Jude Medical’s Riata defibrillator leads to fail was denied last month by Federal Judge James V. Selna. Selna ruled that the plaintiffs had met the burden of showing a plausible connection between their injuries and the alleged defective St. Jude defibrillator leads and […]

motion-to-dismiss-riata-case-dismissedA motion to dismiss five cases alleging that manufacturing defects caused St. Jude Medical’s Riata defibrillator leads to fail was denied last month by Federal Judge James V. Selna. Selna ruled that the plaintiffs had met the burden of showing a plausible connection between their injuries and the alleged defective St. Jude defibrillator leads and also wrote that federal law did not preempt their claims.

St. Jude Medical recalled Riata and Riata ST leads In November 2011. The leads connect an implantable cardioverter defibrillator (ICD) to the heart in order to monitor and, if necessary, correct heart rhythms. The leads were recalled because of premature erosion of the insulation around the electrical conductor wires. This is a Class I recall, which the FDA reserves for situations in which there is a reasonable probability that the device will cause serious adverse health consequences or death.

The Food and Drug Administration (FDA) explains that insulation failure may cause the ICD lead to malfunction, causing abnormal sensing or pacing, or delivery of inappropriate or no shock therapy, which could result in serious adverse events, including death. Lawsuits brought against St. Jude Medical allege that the defective leads caused painful and unnecessary shocks or failed to provide a necessary shock, and, further, that some patients needed additional surgery to remove or repair defective leads. Reports to St. Jude Medical associated with the removal of a Riata lead include two patient deaths and one serious injury.

According to the FDA, approximately 79,000 Riata leads remained implanted in patients in the United States, and the agency has expressed concern that “Riata and Riata ST leads that show insulation abnormalities on imaging may be at greater risk of future electrical failure.”

The affected model numbers are the Riata (8F) Silicone Endocardial Defibrillation Leads (Models 1560, 1561, 1562, 1570, 1571, 1572, 1580, 1581, 1582, 1590, 1591, and 1592), and the Riata ST (7Fr) Silicone Endocardial Defibrillation Leads (Models 7000, 7001, 7002, 7010, 7011, 7040, 7041, and 7042).

 

 

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
Today Mr. Jorge Peniche assisted me, I am very grateful for his services since I felt very confused looking for a solution for an accident I had, Mr. Peniche advised me with the information that I needed and now I feel better, thank you for your assistance. Atte Karla Arias
Karla Arias
9 months ago
5 Star Reviews 150
Parker Waichman did a fine job with my case. In particular, my paralegal Christina Morace was fantastic, always helpful , communicative and supportive.
Jonathan Steinberg
3 years ago
5 Star Reviews 150
Thank you Parker Waichman. Working with Christina Morace through this long process made it easy and rewarding. Always pleasant to speak with and answered any of my questions and concerns. She kept me informed on all the documents needed on a timely basis and all the updates on my case. I sincerely recommend this Law Firm for the professional and knowledgeable workers. Thank you Carrie Hargrove Erskine
Carrie Hargrove
4 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