All across the U.S. and Canada, thousands of cardiology patients are living with the worry that they may have had defective defibrillators implanted near their hearts. Units containing lead wires produced by Medtronic, Inc. have been found to malfunction in about 3.75% of the cases, a much higher number than those associated with similar devices. Since there is no good way to know who received the faulty defibrillators, thousands of patients are living with the possibility that their defibrillators won’t function correctly when they need them. The only solution to this problem is to have the units replaced, but this is a very expensive procedure and requires the purchase of another $20,000 defibrillator. In order to obtain the money they will need to have a replacement done, many patients are choosing to file Medtronic class action lawsuits.
It’s likely that you may not quite understand what a class action is. This term refers to a lawsuit started by one person on behalf of himself that then seeks others in similar situations to join the group or class in an effort to get a settlement from a certain person, group, or business. It’s much less expensive to become part of a class action suit than it is to file an individual suit, and they are far easier for everyone in very complex cases.
When the suit is first filed, a judge will consider it and decide if it is viable to become a class action. If he determines that it is, he will then make decisions regarding who will be eligible to become part of the group or class. After the guidelines have been put in place, all known persons who fit them will be included in the Medtronic class action suit. The only exception is if someone files the instructions given by the court for how to be excluded from the lawsuit. If the class action then goes on to be successful, everyone in the group will reap the benefits.
After the case proceeds to class action status, a person or two will be appointed to represent everyone else in the class. This person or persons will interact with the attorneys on the behalf of all other members of the group. No one in the group will have to pay the attorneys initially, because lawyers in these cases go ahead and prosecute without a retainer. If the suit is successful, then the lawyers will get a hefty cut of the proceeds. Group members also won’t be required to pay for the services of a judge either, if the suit doesn’t become a class action or if the class action is unsuccessful.
If your heart defibrillator doesn’t function as it should, or if there’s a possibility that you could have a defective implant, the smart thing to do is to hire an attorney who specializes in Medtronic class actions so that you can benefit from any settlement the group gets. Although some class action suits have been denied in recent months, there have still been many others that have been successful. By challenging Medtronic, Inc. regarding their misrepresentation of their product in order to seek restitution for yourself or in behalf of someone who has died because of the faulty device, you aren’t going to be out any money, but you could certainly gain the assistance you need.