Class Action Lawsuit Against Boston Scientific Spine Stimulator Company

The Boston Scientific Spinal Cord Stimulator Class Action Lawsuit was filed against Boston Scientific, Inc., and their company, Spinal Cord Injury Solutions, in the Southern District of New York. In this Boston Scientific Class Action Lawsuit, a number of plaintiffs are suing the company for injuries they sustained while using the devices known as “spinal cord stimulators”. This type of device is used to help with relief of spinal cord injuries and is sometimes used to help children recover from severe traumas. From what we have seen so far, these devices may not be completely safe and effective for all sufferers, but have been shown to be effective for some.

These injuries and the associated medical costs are what make the Class Action Lawsuit possible.

People who have been injured have suffered not only physical injuries but also pain and emotional distress. Some of the more common injuries include headaches, back pain, and numbness. Spinal Cord Stimulator cases have also been responsible for causing long-term mental and behavioral problems such as learning disabilities and depression.

The question that arises is whether or not the Boston Scientific Spinal Cord Stimulator Class Action Lawsuit has a valid claim to being the victim of defective and dangerous spinal cord stimulation products.

According to lawyer Michael J. Gerber, a plaintiff’s attorney, “No one disputes that Spinal Cord Stimulator devices can provide temporary relief for spinal cord injury victims. However, this relief may only be afforded while the devices are in use, and those who are injured during or after that use may not be able to legally sue for damages because of battery issues.” Gerber goes on to say that “It appears from the evidence so far that there may be a theoretical danger in using a product like a Spinal Cord Stimulator that may never have an effect, but that is the very basis for the lawsuit.”

This is where attorney’s differ. In their Spinal Cord Stimulator Class Action Lawsuit, they assert that the Massachusetts Supreme Judicial Court has jurisdiction over them.

They base their argument on the language of Mass Gen Laws section 6ef(b), which states that “any claim or cause of action under this chapter that is based on negligence, gross negligence, or intentional wrongfulness or willful misconduct of a person or entity must be brought within three years of the victim’s injury or death.” This language of the law, they argue, clearly allows them to file a suit against the manufacturer or distributor of the Boston Scientific Spinal Cord Stimulator or the manufacturer of the C-PAP machine. If either manufacturer is found to have been liable in this case, the plaintiff is entitled to monetary damages.

The plaintiffs base their legal argument on the fact that despite the manufacturer’s claims that their C-PAP machine is safe, it does not meet the safety standard required by the US FDA. According to them, the C-PAP lacks FDA approval and therefore should not be legally classified as a treatment for sleep apnea. Furthermore, they claim that it improperly stimulates the spinal cord. The plaintiffs further claim that the BOST spinal cord stimulator, which is the model in which the C-PAP is manufactured, causes permanent damage to their spinal cords. They are seeking compensatory and permanent damages. It is not known at this time if the manufacturer will be sued personally.

The manufacturer’s defense is that they did not place their BOST spinal cord stimulator in the market until recently.

They claim that they conducted an extensive investigation into the safety of the product before introducing it into the market. They also point out that since the date of introduction, there have been no reports of side effects or permanent damage being caused by the C-PAP. They add that since the day the first patient began using the Boston Scientific spinal cord stimulator, all negative reports have been eliminated. Finally, they point out that according to the FDA, anyone who would experience adverse reactions to the spinal cord stimulator would have to have had an underlying medical condition prior to beginning the treatment.

If the plaintiff’s attorney is unable to settle the case outside of court, the case may be turned over to the Medical practitioner’s Office for mediation. The mediation process may result in a settlement, a trial if there is one, or a settlement-in-principle. The court will probably appoint a mediator, someone who is not connected with either party, to serve as a judge and assist the parties in negotiating a settlement. If no agreement can be reached, then the matter will go back to the court for a final decision.

There is currently a class action lawsuit against the Boston Scientific Spine Stimpulator Company regarding the BOST spinal cord stimulator.

If you have been harmed due to the defendant’s product, then you should contact an attorney immediately. The attorney will help you find out if you qualify for financial compensation. This is definitely a worthwhile pursuit, one that could potentially change lives forever.

42 thoughts on “Boston Scientific Spinal Cord Stimulator Class Action Lawsuit”
  1. My name is Kelley and I need a lawyer to respond back to me immediately. The stimulator got mangled around my spinal cord and dislocated and I now have scoliosis that I never had before now. The doctor’s covered it up and I am needing more surgery because of it. I need some to contact me as soon as possible. Thank you

    1. I went to a pain dr with lower back pain after steroid shots he rcvomended the Boston scientific stimulator July 31,last last year I suffered horrible pain from July 31,to feb 07. 2023. I went to another surgeon after asking over and Over questions to the pain dr he said I have no clue what’s wrong I went to another surgeon he found the battery was rubbing on my left rib cage causing me this horrible pain so my new surgeon moved it down on my buttocks area when I went in to this psin doc I weighed 193 I’ve been as low as 118. So after my feb 07 surgery I was still in horrible pain Ive lost so much pain I had no fat it’s now in my stomach I m some what better not as bad on the pain pills at least I can put a number on my pain level about an 8 so 3 times this battery has been moved Iam better somewhat anyone no a good attorneyb

    2. I’ve the same difficulties. Did you want to compare notes? I’m from Canada and had several scs implanted. I’ve developed seizures etc so I hope to hear from you.

      Thinking of a fellow sufferer,

    1. I’ve had a stimulator since 2007 no one wants to take it out been trying for years ..my pain is everyday I keep getting infections plus my body is always inflamed inside ..can anyone call me ..848 4592693

    2. Yes, but it isn’t what you may think. I’ve experienced in this and want to find others like me.

  2. I have a nevro spinal cord stimulator I have been having numbness, currents,tingling and just falling down. I go to ER often. Mental depression anxiety

  3. Hi my name is Nick I had a spinal cord stemalater put in 2016 and since I had in me I been a lot of pain I can’t for walks I can’t house work for no more ten minutes at a time and my doctor said enough is enough so I had taken out this past March so I can get a mri so I got a MRI and found out I got nerve damage and mite have to get level 3 and 4 fuse now bcuz of the spinal cord stemalater I can never work again and always in pain can someone please help me.

  4. Surgery and esp surgical implantation of a foreign body should always be the last therapy for spinal issues. I am certain the pain doctor and salesman for this device pressured me into an unneeded procedure for the $$$. Several documented irregularities occurred during the insertion as well as post op.

  5. Hello I have just had to get my stimulator taken out stopped working and was causing a severe amount of pain. To find out the nerves had wrapped around the stimulator I was in surgery for 2hrs and I’m still in a great of amont of pain severe nerve damage and legs hurt like crazy. Please contact me. I have went into a bad depression because I can barely do anything.

  6. I have depression and extreme pain that I feel this device was suppose to help my pain level but only leaves it at same pain level or worse.

  7. I am having urinary incontinence, edema in my legs, loss of balance, & when I change my settings on my Boston Scientific SCS, I experience pain in my legs and back.

    In recent images on a Mylogram, my Spinal Cord is compressed by 50% due to the SCS. I am having the device removed on Tuesday. I have a Surgeon willing to testify on my behalf that this device should have never been placed where it was and it has caused my symptoms.

  8. My wife has a Boston Scientific pain stimulator implanted. She has been experiencing extreme back pain in the area around the implant. Could someone please contact us?

  9. I sought relief from back pain at Spine Team Texas in south lake Texas. They said I was told I was too old but said that they had a minimally invasive procedure to block the pain. They got approval from my insurance company and I went for the procedure. Just as they started the Doctor said they could not go through without more information from my cardiologist. Weeks later after I had tests from my cardiologist they again scheduled the procedure and on Friday 22 october 2021 they implanted too. Wires in mt back at that I was introduced to a Representative of Boston Scientific who would assist. This is the first I have been Told Of them or their involvement. The process went forward as she directed the Dr. It was painful and was remixed on Monday.

    The trial did not work. The rep called me several times suggesting strongly that it could be reprogrammed. After removal, I have headaches not present before. I am 88 years old. A Retired member of the California bar and am seeking assistance from a law firm near ma here in Colleyville Texas

    1. Please email me, I want to join the lawsuit, please. I had one put in a couple of years ago. I am 42 and now I can’t walk. I also found out insurance never even approved it

    2. I would like to be involved in this. I had a Boston Scientific Neuro Stimulator implanted in August 23,2019 and removed February 12,2021. The Stimulator caused increased pain in the legs and incontinence. My leg pain has never gotten any better and right now the pain in my legs is so bad it never stops. The nerves are constantly in pain and caused my legs to become weak and I have an extremely hard time walking. I’m scared I’m going to end up in a wheel chair eventually.

  10. I have been on a test study for a stimulator, which expired on 8/21. they kind of dropped the ball on me when the pandemic hit with no contact. when contact was finally made this year out of 32 leads in my back from the stimulator only 4 were responding. they had to do a led revision more surgery. came out of that. I now have excruciating pain in my hips and buttocks and need to walk on a walker at least half of every day. I am in so much more pain now than I ever was never needed a walker maybe a cane once in a while.

  11. I had the Bostin science spinal cord stimulator put in in June of this year and have had nothing but problems that I didn’t have before I asked for it to be removed and was told it was 30 thousand dollars worth of equipment put in the price of a brand new car. I have constant pain where the stimulator is in my back and have burning radiating pain all through my back. I need some help please someone help me.

  12. How do I get a lawyer to talk to I had my unplanned 5 years ago nothing but the problem I had an appointment the other day for pain and the MRI and X-rays show damage and had moved from where it was I planted very tender to touch and in constant pain schedule is set for November to see a surgeon to have removed please contact me I need help what to do?

  13. I had a Boston Scientific Spinal Cord Stimulator implanted in 2016. I’m always in pain and leg gets numb. I have a very hard time walking and can’t do certain things.

    1. I had a total of 3 Boston scientific precision plus spinal cord stimulators. The last one malfunctioned so bad that i had to have emergency surgery to remove it bc it was stuck on and at full output nearly making me stroke as well as causing seozures… the leads also mograyed and cut my spinal cord woth the forst two so then they sawed my vertibral bodies in half and placed paddle leads that supposedly could not move again the migrated causing serious permanent nerve damage and spinal cord damage among other things. After removing the stimulator the boston scientific rep illegally took the device from the operating room after asking me permission which i denied he later broke into storage where it was being held and took it and said he tested it found no faults and destroyed it

      1. Wow, I am sorry you are going through this and believe you have a major case against Boston Scientific and the Rep who clearly violated your HIPPA Rights. I am not affiliated with an attorney but I pray you have gotten one, I have seen ZERO responses from this site other than the one I am typing to you now. Good luck!

  14. I had a doctor put one of these in saying it would help, and not interfere with me getting the fusion surgery I’ve needed to get out of pain. When the surgeon I was working with found out that this was done, he refused to see me until I got it removed. I told the doctor who put the stimulator in that I needed it out the week after it was put in, he and his staff repeatedly lied to me with excuses why they couldn’t do it until I called the hospital and found out that I was being lied to. I’ve been bedridden for the past year working on getting it removed and I need to talk to someone. The doctor never tried to diagnose the problem that I had been complaining about and also forced me to stand while he did spinal injections after he was told that I have had temporary paralysis set in the other times doctors did injections. I’m in so much pain I think about killing myself constantly but I owe it to my family to fight through this. I would like to send you a presentation I’ve made for trying to get a lawyer to help.

  15. Please contact me I had one of these spinal stimulators installed and 2 weeks later I got an infection and was hospitalized and nearly died. I contracted spinal meningitis.

    1. I had a spinal stimulator implant Oct 2, 2019 and ended up with staph infection, had wound wash out in dec 2019. Was doing ok for awhile, but ended up with another infection. I ended up going to an infectious disease doctor, he sent me weekly for blood work. This went on for 2 yrs. When my infectious disease dr passed away in Dec 2020, my surgeon sent to another infectious disease dr. He continued sending me for blood work. I had the option to do one more wound wash out or have it removed , I decided to do wound washout. Had that done March of 2021, well hardware in both incisions surfaced, had stimulator removed in June of 2021. Of all surgeries the removal surgery hurt the worst. When I had removal surgery I had pic line and wound vac on for 4 months, a VNA nurse came twice a week.

  16. I had a spinal stimulator put in about 7 yrs ago all went well but in the past 6 mths I’ve been depressed, suicidal, and in severe pain. My leads have migrated, the stimulator isn’t working right and I’m finding it difficult to get back into the Dr who implanted it Dr are supposed to do no harm but it sounds to me we ought to go after Drs too for all the screwing with our lives they have accomplished.

  17. I’m also in need of a lawyer to assist me. My Spinal Cord Stimulator shocked me and and I had to underfoot surgery after just having the device implanted for 9 months. The device stopped charging and the representative turned the device off and misled me by saying it would be performing at a lower strength.
    If anyone who reads this this message and cam assist me as well, my have a good attorney, or even tips on steps to take please reach out to me.
    This has been a long journey to bare.
    Thanks for listening to my story,
    Terrie

  18. I’m also in need of a lawyer to assist me. My Spinal Cord Stimulator shocked me and and I had to underfoot surgery after just having the device implanted for 9 months. The device stopped charging and the representative turned the device off and misled me by saying it would be performing at a lower strength.
    If anyone who reads this this message and cam assist me as well, my have a good attorney, or even tips on steps to take please reach out to me.
    This has been a long journey to bare.
    Thanks for listening to my story,
    Terrie

  19. I had a Boston scientific spinal stimulator put in after a successful trial run. After the implantation they were never able to get it to work properly thus causing severe discomfort in back and abdomen. After the stimulator was installed for awhile the implanted battery would get quite warm under the skin but not all the time. I was assured by Boston scientific that it was nothing to be alarmed about. I then began to experience a twinge and a sharp zing that would go up my spine even when it was turned off. The battery area continued to get warm off and on but was bearable until it began to get hot! at times! I woke up one morning and the battery area was angry red and swollen and very painful. I saw my GP and he sent me to a surgeon immediately to have the battery removed. Unfortunately the Dr was not comfortable with removing the Leads up my spine so he just cut them off at the battery and removed the battery.
    My back pain continued to get worse and I was finally able to find a Dr that was able to remove the wire leads that had sprung up and retracted up my spine after the battery removal.

  20. Why do I have so much electoral type of feelings in my legs from the stimulator? I do not like this at all and it does not help my back at all. The surgery on my neck, was useless because I still have neck pain and migraines. Has anyone else experienced this issue of feeling like your legs are having constant electrical feelings ?

  21. My name is Wendy Esch.
    I had this stimulator put in in 2018. It was recently removed on Friday, May 6th, 2022.
    I read the surgeons medical report and it states that is was defective four time’s.
    I was also informed that two of the four leads were not even connected to the device.
    I went to my Doctor’s office yesterday. I was put on more pain medication and muscle relaxers.. Also, told that I have over 20 staples.
    I have also been cut between my shoulder blades as well as my lower right hip. Telling me that the device should have been put in deeper.
    Needless, to say this device has caused serious complications.
    Could someone please contact me at
    I can’t believe the amount of pain I’m in.
    And the permanent damages that it has caused.
    Meanwhile, Alex and Jenny, representatives of Boston Scientific have been blowing up my phone with texts, Emails, and phone calls. I informed my Doctor of this and he said that’s harassment, and that they need to leave me alone. They also requested that I meet them in a bathroom,
    hallway, or a restaurant to make adjustments to the device. 2 of the 4 leads aren’t even connected…
    It’s DEFECTIVE… I’m trying to recover from the most painful surgery of my life !!!
    Looking forward to your kind and considerate attention to the above matter.
    I remain:
    Respectfully:
    Wendy Esch

  22. I’m having alot of shoulder pain (left) and where the simulator was placed it feels like glass shards piercing & stabbing into me. I get electric shocks & I’ve met with the rep several times to reprogram my settings. My surgeon’s office won’t call me back ( after my post op appointment where I seen him even though he said if I continued to have problems to call for an appointment) that I was healing. Well it’s been over 2 1/2 months since my surgery & I can’t sleep, I have no active life, & I’ve gained 17pounds. The Boston Science Rep says contact the us next week if you aren’t getting any relief, no help, no sleep, no xray, just extreme pain!! And I don’t know what to do! The battery site gets very hot & burns too, does anyone else have these problems?

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