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Originally published July 20 2005

Death and Injury Result in Class Action Suit Against Maker of Recalled Heart Device (press release)

by Mike Adams, the Health Ranger, NaturalNews Editor

A class action suit was filed today against Guidant Corporation, the maker of various models of implantable cardioverter defibrillators (ICDs). Several ICD models are now under recall by the FDA. In this suit, the Jacksonville law firm of Spohrer, Wilner, Maxwell & Matthews represents victims and families where death or injury has been the result of a malfunctioning heart device manufactured by Guidant, a $3.8 billion medical equipment maker now in a pending sale to Johnson and Johnson for $25.4 billion.

This type of heart device is prescribed to patients with abnormally fast and life-threatening heart rhythms and who are at risk for sudden cardiac death. Developed to restart the heart of such patients, ICDs deliver a strong shock to that critical organ. FDA-provided information indicates that the models under recall have a history of developing an electronic short which can cause circuit damage and diverts shock therapy energy away from the heart. Currently there are an estimated 24,000 people in the U.S. who have this type of device implanted under the skin in their left breast area who are now facing the need to have their device replaced through an out-patient surgical procedure. According to a May 24, 2005 New York Times article, Guidant knew for three years that this design flaw existed in their Ventak Prizm 2 Model 1861 without disclosing this information to doctors or patients. "It is inexcusable for anyone to withhold life-saving information for the protection of profits," said attorney Robert Spohrer. "The victims in these cases are blameless; they and their doctors trusted the company."

Bobby Smith, a Jacksonville area native and lifelong resident died on May 17, 2005 when his Guidant Ventak Prizm 2 Model 1861failed to deliver the heart-starting therapy it was designed to provide. Smith, a U.S. Army veteran was 76 when he died, leaving behind six children and grandchildren. His oldest son, Robert Smith, misses his father and describes him as "a great guy who would give you the shoes off his feet if you needed them." "Dad acted as the 'neighborhood taxi' for people who needed rides. He liked fishing a lot, but he liked helping people more," he said.

Robert Spohrer and his partner Norwood S. "Woody" Wilner represent other victims who have a recalled heart device and either has undergone replacement surgery or is facing a replacement procedure. "For a company to go three years knowing that they had a dangerous product reminds me of the arrogance of the tobacco companies," said Woody Wilner, whose landmark tobacco case resulted in the loss of $14 billion to tobacco stocks in one single day.



Death and Injury Result in Class Action Suit Against Maker of Recalled Heart Device (press release)


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