Thursday, April 18, 2013

More on the $7.5 million award to 11-year-old implant user

We reported to you yesterday about a Kentucky jury verdict that gave 11-year-old Breanna Sadler $7.25 million. Her defective cochlear implant gave her electric shocks. Here's more about Breanna. Born deaf, she got her implant 6 years ago, when she was just four years old. When she was eight years old, a severe shook from the device sent her into convulsions. The shocks continued until the Advance Bionics implant was removed. And several dozen more lawsuits are coming because the failure rate of the HiRes 90K model is about one in four, according to lawyers for the Sadler family. The payout was high because there was evidence that the company didn't disclose problems with the model until after the company was sold. Advance Bionics denied this happened and while it "respects the jury (it) disagrees with (the) verdict, particularly with respect to punitive damages." The company said the problem was with a supplier. The company has already paid a million dollar fine for failing to tell the FDA about the new supplier.

3 comments:

Miss Kat's Parents said...

Where are you getting the figure "one in four"? That is outrageous and untrue.

Anonymous said...

That doesn't sound right - failure rate of 1 in 4? That would mean 25% of surgeries were unsuccessful. I know they had a device failure back in the early 2000s due to a packaging issue with the supplier because I asked about that when I was trying to decide which manufacturer I wanted to go with.

I'm curious as to when this girl's surgery was, and which recall it was associated with.

From this, only 2 out of 28,.000 implants were explanted due to this issue -

http://www.advancedbionics.com/content/dam/ab/Global/en_ce/documents/recipient/AB_HiRes_90k_Recall_03_04_11.pdf

I think this article is just trying to scare people into not getting implants.

You can be scared of feeding your kids food, they could have a severe food allergy, or an allergy to medication and go into anaphylatic shock. Look at all the people that got sick from the steroid injections in their spine last year - that's supposed to be safe, and it wasn't.

Deaf News Today said...

That figure should have been given attribution, so you know where the figure came from. This has been added to the story. USA Today quotes the lead counsel for the plaintiffs, Tim Edwards of Memphis, as saying "about 4,000 of the devices have been implanted worldwide, and about 1,000 have failed."