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Cochlear Implant Class Action Lawsuit

cochlear-implant defect lawsuit attorneyThe attorneys at the Normandie Law Firm are currently investigating possible class action and or single party lawsuits against Advance Bionics, the manufacturers of the various models of the Cochlear Implant. According to various studies conducted by various entities the implantation of the hearing aid implant has been linked to the development of serious injuries including but not limited to bacterial meningitis, complete loss of hearing, necrosis of the ear tissue and other potentially deadly infections.

Facts on Cochlear Implants:  The Cochlear implant is an electronic device which stimulates the nerves inside the inner ear resulting in an increase in a patient’s hearing.  According to the most recent data there are more than 120,000 individuals with Cochlear implants with more than 40% of the implant patients being minors under the age 18. One quarter of all patients with the implant are under the age of 5. Since its inception the manufacture of the Cochlear device has been specifically targeted towards parents of pediatric patients aged 12 months or older.

Harmful Side Effects Associated with Hearing Aid Implants: Since its introduction the device has been the cause of numerous medical health issues. Some of the most common side effects resulting from the use of this device include the following…

  • Damage to the cochlea cells.
  • Worsening of the hearing impairment.
  • Complete loss of hearing.
  • Facial Nerve injury sometimes diagnosed as bells palsy.
  • Bacterial infections including bacterial meningitis.
  • Tinnitus – constant ringing in the ear.
  • Nerve injury around the ear.
  • Necrosis of the tissue.
  • Electric shock.
  • Malfunctioning of the device resulting in loud noises, buzzing and crackling resulting in significant pain.

Hearing Loss: A 2013 FDA study found that close to 50% of individuals experienced “significant loss of residual hearing up to profound or worse levels.” Many victims will have to undergo and 8 hour painful and complicated surgery to remove the defective device.

Establishing Liability – Proving a Defective Medical Implant Lawsuit in the Court of Law

Generally there can be three ways establish liability against a manufacturer of a harmful consumer item.

(1) Defect in the Design: Takes place when the manufacturers failed to utilized other less dangerous designs for the product existed at the time of production.

(2) Defect in the Manufacturing Process: A manufacturing defect takes place when the final manufactured and distributed item is markedly different than its original design resulting in a medical device that is significantly more dangerous.

(3) Failure to Warn – Defective Labeling: In many cases manufactures fail to properly warn medical doctors and end user of all known and knowable dangers associated with the use of their products.

Bacterial Meningitis Resulting in Death – Filing a Wrongful Death Lawsuit: Bacterial meningitis is a dangerous infection linked to the implantation of Cochlear devices. In some instances bacterial meningitis can result in death. In most jurisdictions certain relatives of the deceased have a right to file a wrongful death claim against liable parties.

What Is a Class Action Lawsuit – Should I Join or File a Single Party Claim

Class action lawsuits are a type of mass tort claim which can take place when there are a large number of plaintiffs who have a similar cause of action (grievance) against a defendant. Class action lawsuits require certification by the court based on these criteria.

1. Numerosity: Presence of a large number of victims.

2. Commonality: Victims have a substantially similar or nearly identical cause of action against the responsible party.

3. Adequacy: The class representative has the resources to dutifully represent the claims of all class members.

4. Typicality: The claim of the class representative is substantially similar with those of the other class members.

Cochlear Lawsuit Attorney

Compensation Available For Injured Victims: Victims often ask “Can I sue Cochlear for complications with the implant” or “Can I file a lawsuit against Cochlear” in an effort to seek a legal remedy for their damages. Individuals who have suffered significant harm due to the implantation of defective medical implants have the right to seek compensation for all harms suffered. A Cochlear ear damage attorney should be consulted for the best results. According to personal injury laws victims may be entitled to recovery for the following…

  • Recovery for all medical and health related costs.
  • Cost of any rehabilitation expenses.
  • Any loss of income or salaries including future loss of income.
  • Non-economic damage compensation – this includes recovery for emotional trauma pain and suffering and mental anguish.
  • Punitive damages – often awarded where the at fault manufacturer acted with intent to cause harm or knew to a substantial degree of heightened levels of risk associated with the use of the item.

More in Punitive Damages: According to various reports and documentations released on previous lawsuits Cochlear America and Advanced Bionics new of the dangerous nature of the Cochlear Implant years before a formal declaration of a recall. In January 2003 engineers from Advanced Bionics warned their managers that a specific component of the implant can be “vulnerable to a potential leak.” According to the confidential internal report in order to ensure there would be no leaks the current materials would have to be replaced. “The good molecular bond between the glass seal and metal is very essential. The platinum -iridium used for our pins are not capable of creating the good molecular bond…” In 2004 according to an NBC News investigation executive at the company admitted that they failed to conduct key tests on the device. By 2005 the company had received hundreds of reported malfunctions of the Cochlear device. In 2008 the Food & Drug Administration reached a settlement with Advanced Bionics because the company failed to notify the FDA of potential unnecessary health risks to patients using the implanted device.

Statute of Limitations – Time Period To File a Lawsuit:  Civil cases against private entities must be filed within a certain time period from the date of the injury or from the date the injury was recognized to have been caused by the consumer product. The specific time period in which a lawsuit must be filed is based on the jurisdiction where the claim must be filed. In order to learn more about the time period for filing your claim contact a cochlear device attorney at our law offices.

Cost of Legal Representation: Our law firm is proud to represent victims of defective medical device based on a No Win Zero Fee Guarantee. Our guarantee means that victim will not have to pay for any of their legal expenses out of pocket. To learn more about our guarantee click here

Legal Assistance Available: If you are looking for a Cochlear ear damage attorney or if you have any further questions regarding claims against manufacturer of defective implanted hearing aids, feel free to contact our law offices toll free. All legal consultations are provided by our law offices free of charge.

4 Comments



» Gloria soto said: { Sep 22, 2016 - 09:09:16 }

I want to see if i have a claim , I had several surgeries already . Due to being in pain at time, swelling, infections, and possible nerve damage. My last surgery the cochlear was removed because of the pain and swelling. I now have no hearing at all. Before the implant I had some with a hearing aid. The implant has been out for about 6 months now , but the pain and swelling is still there. My Dr. still don’t know what is causing this or how to threat this. Im in constant pain and don’t know what to do.

» Thomas E. Smith said: { May 15, 2017 - 07:05:08 }

I met with my regular ear doctor on Jan. 2016 at St. Vincent’s One Nineteen for ear exam. Dr. Lay informed me that he could no longer benefit me with my hearing loss. He suggested that I might consider a Cochlear implant and recommended Dr. Rodgers also at St. Vincent’s hospital. At this time I had approximately 15% hearing in both ears however it hadn’t declined in several years. We scheduled a consultation with Dr. Rodgers on Mar. 29, 2016. After a hearing exam Dr. Rodgers told my wife and I that I had low hearing in both ears with the right ear being slightly lower. He recommended a Cochlear implant in the right ear. I and my wife questioned him extensively on the hearing quality of this implant after surgery. He told us that he was the (quote) Architect of Cochlear implants and assured both of us that I would hear with the same clarity just as we were speaking at the time. He told us that the voice sounds would be perfect just as I was hearing him at the time. He told us that I could carry on a conversation in a round table setting with no problems and that I could hear a plain conversation with two or more people across a room. He told us that I would be able to hear things that i hadn’t heard for years. He was correct on that statement because I have heard (noises, screams, popping, etc.) that I haven’t heard in my entire life. He reiterated strongly that all voices and sounds would be natural. He said that I would be pleasantly surprised at the natural quality of voices and sounds. On April 29, 2016 I had surgery to implant the cochlear. It was very painful 2-3 days after the surgery. I really think something went wrong during the surgery. After the surgery, Dr. Rodgers met with my wife and she told me that he was very evasive about the surgery. On May 26, 2016 I went to have the stitches removed. Dr. Rodgers was still evasive about my questions concerning extended pain around the surgery area. On June 8, 2016, I met with the audiologist to activate the implant with the external receiver. It was extremely noisy, very loud and all voices sounded like cartoon characters or a foreign language. Background noises were absolutely astounding. All the audiologist would tell me was that I would adapt to all of this in time. On July 12, 2016, I met again with the audiologist to check the operation of the unit. I complained about the voice quality sounding like Mickey Mouse talking in a can; very inaudible with extreme background noise. She said that she made some adjustments and that I would hear better over time. She said that constant wearing of the receiver would improve in time and sound more natural. On December 15, 2016, my wife and I met with Dr. Rodgers and the audiologist and I expressed my experiences to both. Dr. Rodgers met with us momentarily and seemed unconcerned when I asked if the unit could be defective. All he would tell my wife and I was that I needed a diuretic and quickly left the room. He never tested the unit. I then met with the audiologist for adjustments and she informed us that no other adjustments were necessary. After conversation concerning the sounds and excessive background noises, she finally told my wife and I “the sounds that you are experiencing will never change and that I would just have to live with them and adapt”. She said the cartoon sounds would be the norm. She said the vertigo was a separate issue and I would have to address that with my family doctor. I remove the receiver at night and the sounds in my implant ear area sound like rushing water, raining on a tin roof, train whistles, electric buzzing and etc. After months of wearing this unit the voices remain the same along with the background noises. The headaches, pain, dizziness and vertigo have increased. This unit is impossible to wear and I have tried to wear it 2 or 3 times since January 2017 and the pain, unbalance and noise continues even after removal of the receiver. This has been a very painful and uncomfortable experience and I am very concerned that this unit may cause me to fall or possibly have a stroke. The sad part is that the doctors, audiologist and Cochlear are not up front and completely honest about the possible short and long term dangers of these implants. Seems like their only concern is selling another implant and continued parts sales. I really need this implant removed at Cochlea’s expense and medical concerns in the future.

My implant is a Nucleus CP910 and CP920 Sound Processor Hybrid Hearing Supplement.

» Jennifer dennee said: { Aug 22, 2017 - 07:08:57 }

I had a Baja cochlear implant A few years back. I lost all my hearing completely. The device is unusable. I went to a surgery for nothing and still have the titanium plate in my head. I would like to start a lawsuit

» Attorney Gerald L. Hall said: { Oct 4, 2017 - 04:10:16 }

I am an attorney practicing in Pekin, IL.

I have a client who has a Med-El Cochlear Optima Concept Flex 24 implant that was surgically implanted on October 15, 2014 at Vanderbilt Hospital in Nashville, Tennessee.

He started having problems with the device about 15 months ago when he started to have various body infections and piercing and other pains in his ear.

I see from your website that you are investigating the possibility of a class action or even individual actions.

Would you be interested in speaking with my client?

And, of course, would you pay me a referral fee :-).

Let me know.

Thanks.

Gerald L. Hall
524 Court Street
Pekin, IL 61554



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