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.