Cochlear Implant Lawsuit

If you or a loved one experienced severe complications due to a defective cochlear implant, you may have grounds for legal action. These lawsuits focus on issues and injuries such as device failure, electrical shorts and malfunctions, nerve damage, infections, and permanent hearing loss.

In some cases, you could be entitled to financial compensation as a result of this harm. The best way to make this determination is to speak with a lawyer. In the following situations, it’s especially important to contact a lawyer about a potential claim:

• Device failure: If your hearing device stops working, you may need revision surgery to remove it or put in a new one.
• Severe infections: Serious infections can happen after these surgeries, and bacterial meningitis is one of the most dangerous.
• Electrical malfunctions: When an implant has electrical problems, you could experience sudden jolts or shocks. In many cases, they must be surgically removed.
• Facial nerve damage, dizziness, or vertigo: Some implants can harm nearby nerves and trigger dizzy spells or vertigo and lead to long-term adverse effects.

If you’ve suffered any harm as a result of a cochlear implant, it can be incredibly helpful to speak with a legal professional.

Recent Cochlear Implant Lawsuit Updates

Cochlear implants are life-changing devices for individuals with natural hearing loss, but their problems have led to serious consequences for some recipients. Below are notable cases and recalls involving manufacturers of these products, like Advanced Bionics.

• 2022: The U.S. Department of Justice settled with Advanced Bionics for over $12 million for falsely claiming the safety of their cochlear implant processors, leading to wrongful reimbursement from federal programs. The agreement with Advanced Bioincs also includes civil penalties, a Corporate Integrity Agreement, and a whistleblower reward.
• 2020 – Advanced Bionics recalled its HiRes Ultra and Ultra 3D implants after reports that moisture ingress was causing the devices to fail, significantly impacting users’ lives.
• 2013 – A Kentucky jury awarded $7.25 million to a young girl and her family after a cochlear device implanted by Advanced Bionics shocked her severely, causing vomiting and convulsions. This led to more than seven hours of open-head surgery to have the Advanced Bionics device surgically removed,
• 2010 – The FDA filed a lawsuit against Advanced Bionics over its HiRes 90K implants, citing the unauthorized use of unapproved internal components that posed risks to patient safety.
• 2007 – Cochlear Limited issued a recall of its Nucleus CI500 implants, which impacted over 25,000 patients worldwide who had surgery to have the device implanted and exposed many to potential device malfunctions.

Patients who experienced injuries because of defective medical devices should know they have legal options. In some cases, the hearing device company may have to pay you damages as a result of the harm you suffered from the defects. This sometimes includes punitive damages.

FDA Recalls and Warnings About Cochlear Implants

Cochlear implants have been subject to multiple FDA recalls and warnings due to serious defects and risks:

• 2020 – Advanced Bionics LLC recalls HiRes Ultra and Ultra 3D models due to electrode fluid ingress.
• 2010 – Advanced Bionics’ HiRes 90K recall for excessive moisture problems causing hearing devices to fail.
• 2007 – Cochlear Limited recalls Nucleus CI500 implants due to cracking issues, affecting 25,000 users.
• 2004 – Advanced Bionics recalls CLARION® and HiResolution® implants due to manufacturing defects.
• 2002-2007 – FDA warns of increased risk of bacterial meningitis after cochlear implantation surgery.

The Food and Drug Adminstration also warns that these devices may require lifestyle adjustments, as they can interact differently with security systems, theft detectors, cell phones, radio transmitters, and other devices.

How a Cochlear Implant Lawyer Can Help You Win Your Case

A defective medical device attorney can help you hold manufacturers of cochlear devices (like Advanced Bionics) accountable for their negligence. Primary ways an attorney can assist include:

• Gathering Medical Records to Prove Injuries and Complications
• Consulting Medical Experts to Establish How Defects Caused Harm
• Negotiating Settlements With Companies to Maximize Compensation
• Litigating in Court if Fair Compensation Is Not Offered

Consulting with a dedicated attorney can help you stand up for your rights and pursue the financial compensation you deserve.

Types of Cochlear Implant Cases Our Law Firm Handles

Our law firm represents clients facing a wide range of cochlear device issues, and we work closely with each client to help them seek the compensation they deserve. Here’s what we typically handle:

• Hearing device failure lawsuits – Hearing implants that stop working, requiring additional surgery
• Severe infection cases – Patients who develop bacterial meningitis or chronic infections after surgery
• Nerve damage cases – These involve cases involving facial paralysis, dizziness, and chronic pain
• Wrongful death lawsuits – Families of patients who died from cochlear product issues can file these lawsuits.

Our team is here to guide you so you can focus on healing while we handle the legal details.

What to Do If You Have Been Injured by a Cochlear Implant

If you suspect your cochlear implant is causing you harm, there are a few important steps you can take to protect your health and your rights:

• Seek Immediate Medical Attention for Complications: If you feel unwell or notice strange symptoms, see a doctor right away.
• Request Medical Records Detailing Your Cochlear Device Surgery: Gather all surgery notes, implant information, and follow-up reports to show the extent and cause of your injuries.
• Consult a Cochlear Implant Lawyer : An attorney can review your situation and explain your options.
• Do Not Accept Settlement Offers Before Speaking With an Attorney: Any quick deal may not fully cover your losses. An attorney will help you understand if the offer is fair.

Your well-being is important, and following these steps can help you stay on top of you health as well as your legal rights.

Eligibility To File a Cochlear Implant Lawsuit

Deciding if you can file a cochlear lawsuit usually depends on the device model and whether there was a recall, the extent of your injuries, and the medical evidence you have. Every state has its own statute of limitations as well, which sets the deadline for starting a legal claim. These factors can be complicated, so it’s a good idea to reach out to a lawyer who can help you figure out your eligibility.

Damages You May Be Entitled to in a Cochlear Implant Lawsuit

Patients who suffered severe health issues from defective cochlear implants may be eligible for compensation.

Types of Compensation in a Cochlear Implant Lawsuit

Some of the most common types include:

• All Current and Future Medical Expenses
• Lost Wages & Future Earnings
• Pain and Suffering
• Punitive Damages

Potential Cochlear Implant Lawsuit Settlement Amounts

Compensation amounts can vary for many reasons. Some of these include the extent of injuries, whether you need long-term medical care, the impact on your daily life, and whether the defendant is found responsible for any defects.

However, there are some cases of plaintiffs receiving significant compensation. For example, in 2013, a young girl received $7.25 million after experiencing severe malfunctions that caused sudden shocks.

While this demonstrates that past claims related to these medical devices have yielded sizable amounts of money, remember that every situation is different.

Who Is Liable for Cochlear Implant Injuries?

Liability for injuries caused by cochlear hearing devices and subsequent surgeries may involve manufacturers (like Advanced Bionics), medical providers, or other entities involved. Each case is unique, but some of the primary parties that are liable include the following:

Advanced Bionics (Manufactured HiRes Cochlear Implants)

Advanced Bionics has faced multiple issues with its cochlear implants, including recalls due to defective devices. Both the HiRes 90K and Ultra 3D implants were recalled after problems such as moisture infiltration and electrical failures were discovered, leading to hearing degradation. Advanced Bionics was also sued by the FDA after allegedly making unauthorized design changes.

Cochlear Limited (Manufactured Nucleus Cochlear Implants)

Cochlear Limited issued a global recall for its Nucleus CI500 implants after defects were found to affect over 25,000 people implanted worldwide. Patients have brought lawsuits against the company, alleging a failure to warn consumers about known risks associated with the implants.

Med-El Corporation

Med-El Corporation, another cochlear implant maker, has been linked to devices that failed prematurely due to defects. These malfunctions often required users to undergo additional surgeries, which brought further physical, emotional, and financial burdens.

Physicians & Hospitals Performing the Cochlear Implant Surgery (Limited Liability)

While liability often lies with the company that made the implant, healthcare providers may also bear responsibility if they did surgery and implanted a hearing device that was known to be defective or under recall.

For patients injured by surgery involving cochlear hearing devices, understanding the potential sources of liability is an important step toward holding the responsible parties accountable and making sure you get paid the settlement you’re owed.

Deadlines for Filing a Lawsuit

Most states enforce a statute of limitations ranging from two to six years for defective medical device claims. However, there are exceptions that can extend this timeframe.

• Discovery Rule: Under the discovery rule, the clock begins when you become aware that your implant was defective, rather than at the time of the surgery.
• Fraudulent Concealment: if the defendant intentionally concealed safety risks that led to failure and injuries, you may have additional time to file. The clock shouldn’t start until you discover their wrongdoing.

If you or a loved one has experienced harm as a result of a cochlear device or related surgery, it is recommended to consult with an experienced product liability attorney as soon as possible.

Why Choose Our Cochlear Implant Law Firm?

When you’re facing the challenges of a defective cochlear hearing device, choosing the right legal team can make all the difference. Here’s what sets our law firm apart:

• We have a proven track record in handling defective medical device cases with successful outcomes, recovering millions of dollars for our clients.
• Our team works closely with leading medical experts to build strong, well-supported cases.
• Our trial attorneys are relentless advocates with decades of experience, unafraid to take on large implant makers. We’re never afraid to go to trial if needed.
• We operate on a contingency fee basis, meaning you don’t pay anything unless we win your case. This allows you to seek quality legal representation without any risk or payments upfront.

We’re here to guide you and stand by your side every step of the way so you can focus on what matters most – your recovery and peace of mind.

Frequently Asked Questions About Cochlear Implants

How much can I expect from a cochlear lawsuit settlement?

Settlement amounts can vary widely, from approximately $100,000 to over $1 million. The final amount largely depends on factors such as the severity of harm, whether revision surgery was required, and other allegations related to devices failing.

Is there a class action lawsuit for cochlear implants?

While there have been class actions involving cochlear hearing devices in the past, most cases are filed as individual lawsuits or become part of multidistrict litigation (MDL). This approach helps address specific claims related to device failure, electrode malfunctions, and risks tied to the implantation process.

What if my cochlear implant was recalled but still functions?

Even if the device operates, you may still qualify to file a lawsuit if you suffered any physical or emotional harm. Issues like fluid collection, increased risk of device failure, or the need for revision-related surgery may justify a case.

How do I prove my cochlear implant caused my injury?

Evidence such as detailed medical records, FDA recall documentation, and expert medical testimony are critical in establishing a connection between the implant and your injury. Including a device failure analysis or proof and injuries strengthens your claim against manufacturers like Advanced Bionics.

Contact a Cochlear Implant Attorney for a Free Consultation

We understand that dealing with a defective cochlear device can be physically and emotionally stressful. If you or someone you love experienced serious health problems because of a defective hearing implant, you deserve the chance to explore your options for legal action and seek compensation.

Our law firm offers free consultations, and you won’t pay anything unless we win your case. During the initial meeting, we can talk about your medical records, potential legal strategies, and the next steps toward pursuing the damages you may be owed. Contact Rosenfeld Injury Lawyers today to learn more about how we can help you stand up for your rights.

All content undergoes thorough legal review by experienced attorneys, including Jonathan Rosenfeld. With 25 years of experience in personal injury law and over 100 years of combined legal expertise within our team, we ensure that every article is legally accurate, compliant, and reflects current legal standards.