Surgical staples are often used in place of traditional sutures in a wide range of procedures, including:
These staples feature materials, including titanium, polymer, and plastic. Surgical stapling manufacturers have widely marketed these devices as a safe, effective method of wound closure that requires a shorter recovery period. Recently, however, a growing number of patients who received surgical staples have filed Kentucky defective surgical stapler lawsuits citing grave injuries from design flaws in the devices.
If a defective surgical stapler injured you or a loved one, you may have a legal claim against the manufacturer and be entitled to compensation. A skilled defective devices attorney could review your claim to determine whether the stapler used in your surgery has been recalled and whether you qualify to file a lawsuit for damages.
There are several types of injuries that may occur from defective surgical staplers can be extremely serious. Each of these injuries may make an individual eligible for compensation.
Organ injuries, bacterial infections, heart failure, bowel obstructions, cancer recurrence, and even death are among the grave injuries reported in connection with failing surgical staplers.
Those who survive defective surgical stapler injuries may face permanent physical limitations and require further surgeries, ongoing antibiotics, and other long-term medical accommodations.
As a result, an array of financial compensation may be available to a person filing a defective surgical staple lawsuit in Kentucky. Common forms of compensation include pain, suffering, lost wages, medical bills, loss of enjoyment of life, and punitive damages.
Since the FDA’s recall, many lawsuits have been filed in Kentucky and across the nation for injuries caused by defective surgical staplers. Manufacturers can be liable when they release defective devices on the market that pose an unreasonable risk to consumers and result in patient injury or death despite being used as originally designed.
According to the FDA, tens of thousands of reports citing issues arising from surgical staples have been filed over the past decade. Besides Ethicon® staplers, other recalls have recently been issued for staplers from leading manufacturer Medtronic, including the company’s Endo GIA™ Articulating Reloads with TriStaple™ Technology device. Some other well-known companies that manufacture stapling devices include CONMED, 3M, and Stryker.
In March 2019, the FDA issued a Letter to Healthcare Providers detailing the potential health hazards presented by surgical stapling devices. The letter noted that between January 2011 and March 2018, the FDA received notice of more than 32,000 defects and more than 9,000 injuries arising from surgical staples and staplers. In April 2019, the FDA released draft guidance recommending that surgical staples and staplers be categorized as Class I rather than Class II medical devices.
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