Surgical Stapler Lawsuits

Surgical StaplerIf you or a loved one had surgery involving a surgical stapler and you suffered serious injuries, you may be eligible to pursue financial compensation. Depending on the details of your claim, you may be owed compensation for medical expenses from your treatment, loss of income from missed time at work, and pain and suffering you may have experienced, among other damages.

We recommend that you contact our Phoenix defective product attorneys at Phillips Law Group to schedule a free consultation with no obligation to take legal action. We can review your situation and determine if you may have grounds for a surgical stapler lawsuit. With decades of experience, we have recovered significant compensation for injury victims throughout Arizona, including a more than $2 million dollar settlement for a client who was injured by a defective medical device. Our founding partner Jeffrey Phillips is a member of the National Trial Lawyers Top 100, an invitation-based and peer-nominated group of attorneys.

Our lawyers work on contingency, which means there are no upfront legal fees or costs. We do not get paid for our legal services unless we help you obtain favorable compensation. Our office in Phoenix is centrally located within minutes from the Maricopa County Courthouse.

We look forward to discussing your situation. Call 1-800-706-3000 now.

How Do I Know If I Have a Case?

We encourage you to discuss your surgery and injuries with a qualified attorney from our firm. There are several factors we may consider when evaluating whether or not you may be able to file a surgical stapler lawsuit.

These may include the following:

  • Did the device malfunction or misfire?
  • Was there a defect in the design of the surgical stapler that caused your injury?
  • Was the device assembled incorrectly during the manufacturing process?
  • Injuries or complications you suffered from the surgical stapler
  • Individuals or entities that may be liable for your damages, such as a manufacturer like Covidien or Ethicon

These are just some factors we may consider when trying to determine the legal options available to you. It is important to remember that every claim is different and your options will depend on the specifics of your situation.

If you have a case and decide to have one of our licensed attorneys represent you, he or she can handle each part of the legal process on your behalf.

Forms of Compensation That May Be Available

A defective product can cause various damages, such as medical bills and lost wages. These expenses can quickly add up and put you in a financial hole. If you are eligible to file a lawsuit, we are prepared to pursue all compensation you may be eligible for to help you deal with the different kinds of damages you have suffered.

For instance, you may be eligible to pursue compensation for past, future and current medical treatment. This could include treatment you needed due to the serious health complications you experienced post-surgery from the medical device, including:

  • Hospital in-patient stays
  • Travel costs to a doctor’s office
  • Emergency transportation services
  • Medication costs to manage adverse side effects, like infection
  • Medical equipment  

In addition to medical expenses, you may have also lost wages because of your injuries. If you have missed time from work or will likely be unable to work for some time, you may be able to recover compensation to help make up for earnings you have lost and may continue to lose while in recovery.

Compensation may not just be limited to financial hardships. You may also be able to pursue compensation for the physical pain and mental suffering you have endured. Examples of these could include:

  • Anxiety
  • Depression
  • Shock
  • Loss of enjoyment of life
  • Loss of consortium
  • Other emotional issues

There may be other forms of compensation available, which is why we encourage you to contact us as soon as possible. For example, if your loved one died as a result of a procedure using surgical staplers, you and your family may also be eligible for damages caused by this person’s death.

We welcome the opportunity to learn more about your specific circumstances and the nature and extent of your injuries so we can determine what type of compensation you may be eligible to pursue. 

Fill out our Free Case Evaluation form to get started.

Surgical Stapler Injuries and Fatalities

Surgical staplers are used by surgeons as a substitute for sutures or stitches to close lacerations or incisions and connect or remove internal organs. They are commonly used in many routine surgeries to seal blood vessels and tissues. This includes the following kinds of surgeries:

  • Colorectal
  • Gastrointestinal
  • Gynecologic
  • Thoracic
  • Vascular surgeries

Unfortunately, these devices often malfunction or misfire, and they have caused thousands of patients to suffer significant blood loss and catastrophic injuries, including death.

In many cases, the damage from the defective surgical stapler is not immediately noticed. The patient may feel well after surgery and even be discharged from the hospital. It could take several days until he or she suffers side effects, including new pain around the incision area or redness, swelling or bleeding that requires immediate medical attention. The area around the staples may also change in size or appearance.

Some of the serious health problems caused by defective surgical staplers may include:

  • Severe pain
  • Infection
  • Fistulas
  • Profuse bleeding
  • Internal tissue tears
  • Organ damage
  • Bowel obstruction
  • Increased risk of cancer recurrence
  • Sepsis
  • Death

Our defective product attorneys in Phoenix understand how devastating these types of injuries are for victims and their loved ones. You may have had to have additional surgical procedures to correct or undo the damage caused by a surgical stapler. This puts you at risk for further injury, including infection and excessive bleeding.

If you or someone you love was injured during surgery due to surgical stapler failure, we are ready to review your claim and determine if you may be able to seek compensation for your losses. Contact us immediately to discuss the specifics of your case in a risk-free and confidential consultation.

Call 1-800-706-3000 today to see how we might be able to help you.

FDA Investigation and Surgical Stapler Recalls

On March 8, 2019, the U.S. Food and Drug Administration (FDA) sent a letter to health care providers with more recommendations on patient safety when using surgical staplers and implantable staples. 

The FDA decided to send the letter after a detailed analysis revealed they had received more than 41,000 adverse event reports for surgical staplers between 2011 and 2018. These reports revealed there had been more than 32,000 malfunctions, 9,000 serious injuries and 366 fatalities related to staplers and staplers used internally.  

Some of the most common problems identified in these reports included:

  • Misfiring of the stapler
  • Failure to fire
  • Use of a stapler on the wrong tissue
  • Trouble getting the stapler to fire
  • Opening the staple line

Just a few months later, in May of 2019, Ethicon issued a recall of one of its surgical staplers and certain types of staples. The FDA identified this as a Class I recall, the strongest recall the FDA can issue. More than 92,000 units were recalled for insufficient firing that can potentially cause serious injury or death.

Ethicon did another large recall back in 2012. The recall included more than 150,000 staplers due to problems with incomplete firing and staple formation.

Lawsuits Filed and Settlements Reached

Many surgical stapler lawsuits have already been filed, and one resulted in a jury verdict of $80 million for a California woman after a surgical stapler malfunctioned and caused severe damage to her bowel, which led to her needing to permanently use a colostomy bag. The settlement also included $70 million in punitive damages against Johnson & Johnson and its subsidiary Ethicon.

In July of 2019, another lawsuit was filed against Ethicon in the U.S. District Court for the Western District of Washington by a patient who underwent a laparoscopic procedure and suffered serious injuries after the surgical stapler misfired. The medical device company is being accused of designing, manufacturing and marketing an unreasonably dangerous and defective device.

Contact Our Legal Team About a Surgical Stapler Lawsuit

If you or a loved one was injured or killed as a result of a procedure involving surgical staples, you may be able to file a lawsuit to pursue compensation for your losses. These losses may include medical expenses, lost wages, and physical pain and emotional suffering.

Find out more about the legal options that may be available to you during a 100 percent free consultation. We are prepared to assist you with building a strong case should you be eligible and decide to take legal action with our firm.

The experienced Phoenix defective product lawyers at our firm work on a contingency fee basis. This means there are no upfront costs for our legal services. Our Phoenix office is located near the St. Joseph’s Hospital and Medical Center, offering emergency and trauma services. We can come to you if you are unable to come to us.

Our legal team is here to help you. Call 1-800-706-3000 right now.

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