The company that makes Stӧckert 3T heater-cooler units has opposed centralization of lawsuits alleging life-threatening infections from the device.
Free Confidential Lawsuit Evaluation: If you or a loved one got an infection after surgery with a heater-cooler machine, you should contact our law firm immediately. You may be entitled to compensation by filing a suit and our lawyers can help.
What’s the Problem?
March 24, 2017 – Plaintiffs alleging injuries from the Sorin 3T Heater-Cooler system in January filed a motion with the U.S. Judicial Panel on Multidistrict Litigation (JPML) to centralize their lawsuits before one judge in the District of South Carolina. If approved, the consolidation will bring all federal lawsuits involving the heater-cooler machines together for pre-trial issues such as discovery and expert testimony.
However, LivaNova filed a motion last month opposing the consolidation, saying the MDL would not “promote the just and efficient conduct of these actions.” A second group of plaintiffs has also petitioned JPML in opposition of moving the cases to South Carolina.
All of the lawsuits were filed on behalf of people who developed rare bacterial infections after undergoing open-heart surgery with Sorin 3T Heater-Cooler devices. The complaints allege that LivaNova designed a heater-cooler that “prevented it from being reliably and consistently cleaned, disinfected, and maintained”, and that the machine is neither safe nor effective.
According to the U.S. Food & Drug Administration (FDA), more than 500,000 patients in the U.S. who had open-heart surgery with a LivaNova heater-cooler device could be at risk for a deadly nontuberculous mycobacterium (NTM) infection. FDA had received at least 28 reports of NTM infections in patients undergoing open-heart surgery with a heater-cooler machine in U.S. hospitals. Infections have also been reported in Europe, with some patients diagnosed nearly 4 years after surgery, according to the FDA.
JPML is scheduled to hear arguments on the potential consolidation of heater-cooler lawsuits on March 30. There are only 15 cases currently pending, but it is expected that this number will increase greatly before the litigation process is complete.
Do I Have a Heater-Cooler Class Action Lawsuit?
The Class Action Litigation Group at our law firm is an experienced team of trial lawyers that focus on the representation of plaintiffs in heater-cooler lawsuits. We are handling individual litigation nationwide and currently accepting new injury and death cases in all 50 states.
Free Case Evaluation: Again, if you had an infection after open-heart surgery with a heater-cooler unit, you should contact our law firm immediately. You may be entitled to a settlement by filing a suit and we can help.