Cochlear implants have transformed the lives of many individuals with severe to profound hearing loss, granting them the ability to perceive sounds and substantially improving their quality of life.
However, when these sophisticated devices fail due to manufacturing defects or other shortcomings not disclosed by manufacturers or suppliers, users may have to undergo additional surgeries, unnecessary pain and inconvenience, and lifelong problems.
Individuals affected by such failures may have legal recourse, which is where cochlear implant lawsuits come into play. Keep reading to learn more about cochlear implant lawsuits and what you may be entitled to if you are a victim.
Cochlear Implant Claims and Controversies
Cochlear implants represent life-changing technology for those with significant hearing difficulties, but like any medical device, they come with certain risks. Advanced Bionics has come under legal scrutiny following reports that some of their cochlear ear implants were recalled due to defective seals leading to an excessive moisture problem.
Patients impacted by these faulty devices have pursued litigation, alleging that they faced the risk of additional surgical intervention and even potential permanent hearing loss as a result.
Despite Advanced Bionics’s recall of these cochlear implants, it has been reported that some devices were still distributed and implanted after the recall.
What Are Cochlear Implant Claims About?
Cochlear implant claims center around malfunctioning medical devices, which can cause users additional health complications. Advanced Bionics claimed that their processors complied with an internationally recognized emissions standard when they actually did not.
In 2007, the Food and Drug Administration took legal action against Advanced Bionics over their use of components in cochlear implants without premarketing approval and FDA approval. The court proceedings ended with $1 million awarded to the FDA’s Center for Devices and Radiological Health.
In 2013, another significant lawsuit highlighted the dangers of defective cochlear implants when a Kentucky jury awarded punitive damages and compensatory damages equaling $7.25 million to a young girl who suffered traumatic shocks from her Advanced Bionics implant.
The cochlear device caused repeated convulsions until it was removed through an extensive surgery lasting seven hours.
Class Action Lawsuit
In a separate incident, Cochlear Limited faced a class action lawsuit tied to device failures. They settled with the US Department of Justice for $880,000.
A class action lawsuit is crucial as it can address issues affecting large groups, result in significant changes to corporate practices, or provide financial compensation.
Advanced Bionics’ Recent Developments
In early 2020, Advanced Bionics initiated corrective action for its Advanced Bionics HiRes Ultra and Ultra 3D cochlear implants in response to reports of performance issues when body fluids penetrated the electrode array, potentially requiring patients to undergo revision surgery.
Our attorneys are keeping a close watch on these developments as they unfold, analyzing cases and considering whether additional legal actions can be filed against Advanced Bionics.
If you’re experiencing complications with your cochlear implant and believe that they may be due to manufacturer error, negligence, or a product defect, you don’t have to struggle alone.
Contact Rosenfeld Injury Lawyers today to explore the possibility of a claim and determine if legal recourse, like a class action lawsuit, is available.
Cochlear Implant Lawsuit Deadline
Generally, in personal injury cases like cochlear implant lawsuits, you have two years from the date of the injury or when you became aware of the damage to file a claim. However, certain exceptions can affect this deadline, which might extend or shorten your timeframe for taking legal action.
If you’ve suffered harm from an Advanced Bionics failed implant, it’s critical not to delay in seeking legal counsel, as missing the deadline will prevent you from recovering compensation for your injuries. Our defective medical device attorneys can ensure compliance with relevant deadlines while aiming to maximize your potential compensation.
Liability in Cochlear Implant Device Failure Cases
In cases of cochlear implant device failure—often from excessive moisture—determining liability is crucial to pursuing legal recourse and securing compensation for affected individuals.
Liability can extend through various levels of a product’s chain of distribution, leading the following parties to potentially hold legal responsibility:
- Manufacturers: Manufacturers are responsible for ensuring their products are safe when used as intended and are generally at the highest risk of liability in defect cases.
- Distributors: These middlemen between manufacturers and retailers could potentially be liable if they distributed a known defective product.
- Retailers: The stores that directly sell the medical devices also share responsibility in selling products free from defects, though this may depend on how involved or knowledgeable they are regarding potential risks or defects.
Physicians typically won’t be held liable for defective medical products unless they knew or should have known about the problem and still went through with using it to treat patients.
Damages You Can Recover in a Cochlear Implant Lawsuit
In a cochlear implant lawsuit concerning malfunctions or device failures, such as those involving Advanced Bionics products, you may be entitled to recover various damages in successful outcomes. These damages can include both economic and non-economic damages.
Economic damages are intended to compensate for quantifiable financial losses. This may include medical bills, lost wages, loss of earning capacity, and other out-of-pocket costs directly associated with your injuries and issues resulting from cochlear implants.
Non-economic are more subjective and intended to compensate for non-financial impacts of an injury. They might include pain and suffering and loss of enjoyment of life.
In some cases, punitive damages can be awarded when the defendant’s behavior is particularly egregious. These damages are intended to punish the defendant and prevent similar conduct in the future.
If you’ve suffered complications from a cochlear implant, it’s important to explore your legal options. The team at Rosenfeld Injury Lawyers can assess the details of your situation and help determine what compensation you might be entitled to receive.
How Much Does It Cost to Hire a Cochlear Implant Lawyer?
Hiring a cochlear implant lawyer from our team involves no upfront costs because our personal injury law firm works on a contingency fee basis. This means you do not have to pay any fees unless your case is won or settled.
The attorney’s fees are then deducted as a percentage of the settlement amount or court-awarded damages. This arrangement requires your lawyer to do everything possible to win your case, and if you don’t get paid, they don’t get paid either.
Contact Rosenfeld Injury Lawyers for Your Cochlear Implant Lawsuit!
If you’re feeling overwhelmed by the complexities surrounding a defective cochlear implant lawsuit, know that help is just a click or call away. You don’t have to navigate this process alone. We take the attorney-client relationship seriously and will do whatever it takes to support you in this difficult journey.
Contact us online for more information, or call (888) 424-5757 today to speak to one of our experienced attorneys about your case.