Plano Man Sues Over Flawed Heart Defibrillator; Suit Seeks Damages, Medical Monitoring From Guidant Corp.
23 Juin 2005 - 8:55PM
PR Newswire (US)
Plano Man Sues Over Flawed Heart Defibrillator; Suit Seeks Damages,
Medical Monitoring From Guidant Corp. ANGLETON, Texas, June 23
/PRNewswire/ -- Six days after the Indianapolis- based Guidant
Corporation (NYSE:GDT) recalled 29,000 defibrillators under
pressure from the federal Food and Drug Administration, a Plano,
Texas, man is suing the company. 58 year-old Larry Hardin claims
Guidant sold the older version even though the company had fixed
the problem in a newer version. The defibrillator implanted in his
chest is an older version -- with a defect that could cause it to
short-circuit when it is needed. In a suit filed today in the 239th
State District Court in Brazoria County, Hardin, who has had two
triple bypass surgeries and is awaiting a heart transplant, claims
that Guidant knew that the Ventak Prizm 2 Model 1861 ICD
implantable defibrillator sold to him was a seriously flawed older
version. Hardin claims that Guidant had a newer version of the same
type unit that was not prone to short-circuit but continued to
allow the older units to be implanted in unsuspecting patients. "At
the time of his surgery a Guidant representative told Hardin's
wife, Charlotte, that the older unit was the 'top of the line,'"
says Robert Hilliard, Mr. Hardin's attorney and a name partner in
Corpus Christi's Hilliard & Munoz, L.L.P., "when actually it
was defective, the company was aware of the defect and just wanted
to sell their remaining inventory, defect and all." Hardin's
lawsuit requests that Guidant provide and pay for medical tests to
monitor whether his defibrillator is still working and, if it is
not, to cover the costs of having it removed. "Larry's heart is
already weak and now having to decide whether to have another
surgery is difficult," says Larry's wife, Charlotte Hardin. "Mr.
Hardin and his wife, Charlotte, are facing a Hobson's choice: wait
to see if his defibrillator will save him or kill him," says
Hilliard, whose firm currently represents patients with claims
against Guidant for these defective defibrillators. "Mr. Hardin
must now lay awake at night knowing that the Guidant defibrillator
implanted deep in his chest may not save him after all." Mr.
Hardin's lawsuit also names as defendants Guidant Sales
Corporation, Guidant Puerto Rico Sales Corporation, Cardiac
Pacemakers, Inc., Aramark Healthcare Support Services, Inc.,
Medical Center of Plano (where Mr. Hardin's defibrillator was
implanted in August 2002), and J. Brian DeVille, M.D. (Mr. Hardin's
physician). Mr. Hardin claims that Medical Center of Plano and Dr.
DeVille knew or should have known that the defibrillator was
defective. The lawsuit also alleges a conspiracy between the
various Guidant Defendants. "Instead of providing a life-saving
medical device, Guidant knowingly implanted a hand grenade in as
many as 37,000 patients, many of whom, like Mr. Hardin, may not be
well enough to survive the necessary surgery to replace the
device," Mr. Hilliard explains. "In fact, before the recall,
Guidant recommended that people like Mr. Hardin keep the device
inside of them. This company is glad to gamble with Mr. Hardin's
life as long as they can make huge profits." Mr. Hardin is seeking
damages for battery, breach of fiduciary duty, products liability,
breach of warranty, fraud, negligence, intentional infliction of
emotional distress, and violations of the Texas Deceptive Trade
Practices Act. Contact: Alan Bentrup 800-559-4534 DATASOURCE:
Hilliard & Munoz, L.L.P. CONTACT: Alan Bentrup,
+1-800-559-4534, or , for Hilliard & Munoz, L.L.P.
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