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The Law Offices of Wayne Grant, P.C. File Complaint for Medical Device Wrongful Death
The product liability attorneys at the Law Offices of Wayne Grant, P.C. have filed a complaint on behalf of the wife of a man who died while undergoing an ablation procedure using Medtronic, Inc. and Medtronic CryoCath, L.P. medical devices.
By: Law Offices of Wayne Grant, P.C.
Count I: Negligence on the part of Medtronic Defendants
Count II: Negligent Manufacture on the part of Medtronic Defendants
Count III: Failure to Warn and/or Instruct on the part of Medtronic Defendants
Count IV: Negligence During the Procedure on the part of all Defendants
Count V: Negligent Design on the part of Medtronic Defendants
Count VI: Breath of Implied Warranty of Fitness for a Particular Purpose on the part of Medtronic
Count VII: Breach of Implied Warranty of Merchantability on the part of Medtronic
Count VIII: Violation of N.C.G.S. 75-1-1 False Advertising Unfair Trade Practices on the part of Medtronic Defendants
Count IX: Violation of N.C.G.S. 75-1-1 Unfair Trade Practices - Fraudulent Materials on the part of Medtronic Defendants
Count X: Violation of N.C.G.S 75-1-1 Unfair Trade Practices on the part of Medtronic Defendants
Count XI: Loss of Consortium for Mrs. Spilker on the part of all defendants
Count XII: Wrongful Death on the part of all defendants
Count XIII: Intentional Infliction of Emotional Distress on the part of all defendants
A Demand for Justice
As the legal claim count descriptions suggest, the defective medical device case is complex. Within the complaint, the wife (the plaintiff) of the decedent is asking the court, based on proof in court, for damages for the loss of present and future earnings; emotional distress; ;loss of companionship as the result of the death of her husband; and compensatory damages. The complaint also calls for punitive damages; payment of costs and attorneys’ fees; and a trial by jury.
Failing to Uphold a High Standard of Care
Based on the details of the complaint, the decedent had atrial fibrillation. The ablation procedure using the Medtronic Cardiac CryoCatheter system was presented as a reasonable option; however, a separate device used in the procedure, the FlexCath® Steerable Sheath, was defective in that it allowed air from outside of the Sheath to enter the Sheath during the procedure. The complaint alleges that the defect is a deviation from Medtronic and Medtronic CryoCath’s design and quality manufacturing standards. The complaint alleges that, if the FlexCath® Steerable Sheath functions as intended, it does not allow air to enter the Sheath. Medtronic and Medtronic CryoCath represent to the public that the FlexCath® Steerable Sheath prevents air ingress into the sheath. The complaint also states that the FlexCath® Steerable Sheath did not come with proper instructions and/or warnings to completely describe to medical professionals or patients all of the risks of the procedure.
Protecting a Client’s Future
The legal team at the Law Offices of Wayne Grant, P.C. has the experience and resources to build effective cases when major manufacturers fail to exercise a high degree of care for consumers and patients. The law firm handles a wide range of product liability cases, including those involving medical devices, auto parts, and pharmaceuticals.