Got a letter from an attorney...UPDATE !!
Update:
I spoke with another heart surgeon who does not install the Medtronic device. He said "worry about it".
Spoke with Medtronic. They said "we'll give you a credit of $2500 towards any future related complications, IF YOU SIGN A RELEASE OF ALL LIABILITY."
Spoke directly with the attorney soliciting the representation. I was incorrect, it is not a class action suit - he is filing INDIVIDUAL suits for about 1,000 clients at the moment, and possibly as many as 2500. He had a similar action against Medtronic on an earlier recall, and the average settlement was $32K PLUS all future related medical care. He feels this one is much more serious, and will generate a lot more money, plus future related medical care. His fee is 40 percent whether he goes to trial or not. Additional costs off the top are filing fees only - around $500. No photocopy fees or anything else.
Does anyone have any further thoughts as to what course I
should take ??
Thank you.
Doug
Got a letter from an attorney telling me the leads to my Implanted Cardiac Device (pacemaker/defibrillator) have been discovered in some cases to have a failure of their insulation, allowing bits of insulation to break free and get into my bloodstream, possibly affecting my heart or brain function - that is, killing me.
The attorney wants me to join a class action suit against Medtronics (the manufacturer).
Saw my heart Doctor yesterday, and he says that a very small percentage of them have problems, he will follow me more closely, and I should never have a problem with it.
Whattaya all think I should do, if anything ??
Doug
I spoke with another heart surgeon who does not install the Medtronic device. He said "worry about it".
Spoke with Medtronic. They said "we'll give you a credit of $2500 towards any future related complications, IF YOU SIGN A RELEASE OF ALL LIABILITY."
Spoke directly with the attorney soliciting the representation. I was incorrect, it is not a class action suit - he is filing INDIVIDUAL suits for about 1,000 clients at the moment, and possibly as many as 2500. He had a similar action against Medtronic on an earlier recall, and the average settlement was $32K PLUS all future related medical care. He feels this one is much more serious, and will generate a lot more money, plus future related medical care. His fee is 40 percent whether he goes to trial or not. Additional costs off the top are filing fees only - around $500. No photocopy fees or anything else.
Does anyone have any further thoughts as to what course I
should take ??
Thank you.
Doug
Got a letter from an attorney telling me the leads to my Implanted Cardiac Device (pacemaker/defibrillator) have been discovered in some cases to have a failure of their insulation, allowing bits of insulation to break free and get into my bloodstream, possibly affecting my heart or brain function - that is, killing me.
The attorney wants me to join a class action suit against Medtronics (the manufacturer).
Saw my heart Doctor yesterday, and he says that a very small percentage of them have problems, he will follow me more closely, and I should never have a problem with it.
Whattaya all think I should do, if anything ??
Doug
0
-
Doug, my FIL has a Medtronics implanted defibrillator, or should I say "had". They just replaced it due to the battery going dead. He had gotten the same letter so he asked his doctor to check it out when they took it out to replace it. His doctor told him that there was nothing wrong with the one they removed (other than the dead battery).
Not that this helps you very much, but I thought you might want to know. BTW, how long have you had yours? My FIL had his for 8 years before the battery went dead. When they replaced it, they had to stop his heart to make sure that the new one worked. Kinda spooky for us.0 -
sue em or make them give you another and pay you to be laid up, man thats scarry[;)][V] 0 -
Thanks, Mikkel - I've had mine in for two years, last month.
Doug0 -
Doug, joining the class action won't have any negative effects for you,........but most likely no positives of any consequence either.
I would sign up, in case you need your rear covered.
Most times not joining a class action, does not exclude you from any "awards", as long as you do not request to be excluded from the suit, which you would need to do if you wanted to sue them on your own.0 -
get 2nd opinion from a HEART DOCTOR .
sign up for the class action (C Y A)0 -
There is no risk to add your name to the class action law suit. The worst that might happen is you never hear anything again.
You should also be curious to know what your doctor considers a "very small percentage".
1/100,000,000 is a small percentage, but so is 1/100.
The old saying goes: A statistician drown while crossing a river, that was on average, six inches deep.0 -
i would look into it further, find out what attorney has filed it originally, there may be several trying to cash in by representing you by playing the middle man, and cutting in on the action if any award should be presented and read the fine print very well
good luck0 -
Doug...
Those letters go out to anyone who has had one put in...ITs a class action suit....meaning, the lawyers are fishing for clients...
If your dr is not worried, then heed his advice...In other words, listen to him...I would be more concerned as to how the laywer got your name with YOUR medical info on it...0 -
Got hooked wicked on oxyxontin
and had to go thru detox for
quite a while .The major issues
have subsided ,a few minor ones
still plague me. Saw an add on tv
and kept ignoring it ,finally what
the heck called the number ,2 or
3 yrs later no work on my part
got $22k in the mail,for calling
a number I was just ignoring!0 -
If the doctor that recommended your device is the one that is saying "no worries" I might get a second doctor's opinion. Admitting there is an issue with something that he recommended may not jive with his malpractice ins co. On the other hand if you have known this dr for a while you have a better understanding of his abilities and viewpoint than anyone. 0 -
Another frivolous lawsuit... 0 -
I agree with BlackRoses on this one.
Sounds like a James Suck-A-lot fishing trip. If he gets away with a class action suit against Medtronics he will be the only winner when the dust settles.
Watch what happens and then file your own suite after the class action case goes through the courts if you feel you are in danger.0 -
quote:Originally posted by mateomasfeo
Another frivolous lawsuit...
there ya go doug, have mateo represent you, keep it in the family[:D]0 -
Gawd...I Hate Shysters.............. 0 -
So do I.
But...the possibility of dying got my attention.
I'll be seeing my attorney this week, and seek his counsel.
Doug0 -
Doug, my dad's in the same exact boat as you are. He's not going through with the law-suit.
My opinion: If Medtronics didn't announce the defect and take steps on their own to correct the problem (i.e., front the cost for replacement) I'd say join the law suit. Since Medtronics did both, I say they're honest, so why sue an honest company? They're already doing the right thing by paying for replacement.0 -
sadly in america in the last 30 years lawyers have been telling and convincing the public about health risks. they do this for one simple reason...to SUE and make money even when the science and medical data dont support their position.
your lawyer doesnt know anything about your health, but your doctor does. this lawyer just wants to sue and he needs to latch onto you like the parasites they are.0 -
No one ??
Doug0 -
quote:Originally posted by Doug Wilson
No one ??
Doug
I just saw the update Doug!
If I were you I would certainly avoid the 2500 bucks from Medtronics.
You probably should speak to a "real" malpractice attorney about this, before committing to an attorney that sends out mass mailings.
Lets be real,......if you had to have it replaced, it will be a heck of a lot more than 2500 bucks, but at the same time, you have no knowledge of the reputation of the "mail" attorney.
I would tend to think it would be worth a consult.0 -
quote:Spoke directly with the attorney soliciting the representation
Why not contact another attorney...one who deals in that area and ask him/her...get another opinion...and another...then make the decision...0 -
Those are good suggestions, and I will.
Thank you.
Doug0 -
Nothing mechanical will work forever. Everything breaks down. If you need a pacemaker, wouldn't you rather the company focus spare cash on product improvement instead of lining a lawyer's pocket? Because
some day, if you live long enough, you will need a replacement.0 -
quote:Originally posted by thunderbolt
Nothing mechanical will work forever. Everything breaks down. If you need a pacemaker, wouldn't you rather the company focus spare cash on product improvement instead of lining a lawyer's pocket? Because
some day, if you live long enough, you will need a replacement.
Problem with that thinking is there is a known issue with certain Medtronic devices.
Doug,.....like many, may never have an issue, but how would you like to live with a pacemaker implanted that has questions?
I am not a person that believes in frivolous lawsuits, but when a potentially defective device has been implanted in your chest, how well would you rest?
I will bet money that Cheney does not have that model in him.0 -
Hey Doug: Hope it doesnt include my Medtronic Pacemaker I have had for 3 years. So far no complaints and battery should last another 4-5 years
they told me at last checkup. They told me (if I recall correctly) that they only keep the wires and install a completely new pacemaker
for "battery changes"..0 -
Sounds like the lawyer gets paid whether you win or not. Just how
would Medtronics know if the insulation would come off when they put
them on the fibrillators. Seems to me the manufacturer of the wire should be held responsible. Why hold medtronics responsible?
But whatever the outcome I wish you good health.0 -
Thank you all.
This situation is really causing me a conflict between the principals I try to hold to, and the fear for my life.
Just dunno.
Doug0 -
It's a piece of equipment not part of your body to begin with to help with some sort of defect in your body. There is always an inherent risk introducing some sort of device into your body. Would you rather not get the extra days in your life with this piece of technology or just let your life go without?? 0 -
Well I've had it for two years, and I made that same decision when they first put it in.
The defibrillator has never fired, but the doc tells me the pacemaker is just pacing along.
I'm going to talk to another heart surgeon later this week.
HAPPY NEW YEAR TO ALL !!
Doug0
Please sign in to leave a comment.
Comments
28 comments