Every year, millions of people are surgically implanted with medical devices under the belief that it will help a medical issue or alleviate pain. But, if the device is defective in any way, the patient can suffer significant harm and even death.
A lawsuit was recently filed against Penumbra, a California based company, claiming its medical device used to treat aneurysms malfunctioned and caused a software engineer to suffer brain damage. According to the suit, Dennis Montgomery suffered an aneurysm in 2013. During surgery at Overlake Hospital in Bellevue, the doctor placed 90 percent of a Penumbra Coil 400 into the aneurysm, but the last 10 percent detached prematurely and got stuck in the intracranial artery, which led to clots and ultimately a stroke and brain damage.
The Food and Drug Administration initiated a recall of the Penumbra Coil 400 in 2011 after finding that the pull wire could slip out of place and prematurely detach, potentially causing serious injury, stroke or death, according to the lawsuit. Penumbra obtained an FDA clearance to market the coil in 2012. The device used on Mr. Montgomery was manufactured in August 2011 with an expiration date of Aug. 31, 2013. It has not yet been determined if the device used was one of the recalled coils, or if the new coils have the same problem.
The lawsuit also names Penumbra representatives who attended the surgery and Overlake Hospital Medical Center in King County Superior Court. The suit seeks an undisclosed amount for medical and economic costs as well as damages. Penumbra has filed a motion to dismiss.
Product liability lawsuits where a person is injured due to a defect product require proof that the product was defective, and that defect caused injury or death. Most claims are based on one of the following:
• Fail to warn. If manufacturers of a medical product fail to warn patients of potential risks or dangers, they may be liable for the injury.
• Design flaws. Manufacturers of products that have defects in their design that cause injury may be liable for damages.
• Failure to recall. If a medical device manufacturer fails to recall a product that is found be dangerous, they may be liable.
These cases are complex and take time to settle. Most manufacturers will deny the claim putting profits over people and aggressively fight to keep their products on the market until forced to stop. While the plaintiff’s attorney will fight hard for a victims rights, it most often comes with immediate financial devastation for the plaintiff.
At Lawsuit Financial, we understand that the litigation process takes time, during which bills can pile up, resulting in financial problems that could lead to foreclosure, eviction or bankruptcy. With our quick and easy litigation funding services, Lawsuit Financial can provide a cash advance against a pending settlement, usually within 24 – 48 hours. There is no risk to our clients because we are repaid only after the case settles. If our client loses the case, we completely waive the cash advance.
As with any major financial decision, it’s important to get all the facts. Lawsuit Financial provides free, no-obligation consultations to provide you with a solution that is customized to your specific needs. Once you make a decision to apply for litigation funding, simply complete our one-page application or give us a call; we will do the rest. There is no need for a credit check or employment verification; funding decisions are completely dependent on the facts of your case. If you are in the middle of a pending lawsuit and need financial assistance, do not hesitate to call Lawsuit Financial.