Boston Scientific EMBLEM S-ICD Subcutaneous Electrode Lawsuits
Nadrich & Cohen Accident Injury Lawyers are actively intaking cases involving victims who were injured or killed by a defective Boston Scientific EMBLEM S-ICD Subcutaneous Electrode, model number 3501.
Call us now at 800-718-4658 if you or a loved one was injured or killed by a defective Boston Scientific EMBLEM electrode. You might be eligible for a financial recovery in a products liability lawsuit. We don’t charge clients a fee unless and until we obtain compensation for them. You can also fill out the form on the right or chat with our live chat.
Boston Scientific EMBLEM S-ICD Subcutaneous Electrode Recall
This defibrillator device has been recalled because it has a tendency to fracture at a location near the device’s proximal sensing ring. Fractures can cause the device to stop working, which can lead to serious adverse events including injury, cardiac arrest, death or need for surgery. 26 serious injuries and one death have been reported as of February 2021.
The recalled device, the Boston Scientific EMBLEM S-ICD Subcutaneous Electrode, model number 3501, was manufactured from March 2016 until the recall, and distributed from June 2017 until the recall. 19,919 devices have been recalled in the United States, and the recall was initiated on December 2, 2020.
Nadrich & Cohen Accident Injury Lawyers Are The Products Liability Experts
We have been handling products liability cases since 1990 and have learned all the tricks in the book regarding maximizing products liability settlements. The insurance companies fear seeing our name attached to products liability claims, so they almost always settle out of court with us for a large settlement because they know we’ll win if we take them to court.
We may be able to obtain financial compensation for you in a products liability lawsuit by proving that a failure to warn occurred. We may also be able to obtain compensation by proving that your EMBLEM electrode contained a manufacturing defect and/or a design defect.
We may also be able to obtain financial compensation for you based on negligence, arguing that it was negligent to fail to adequately test the device to make sure it was safe.
Failure To Warn
Those who make, distribute and/or sell medical devices are duty bound in California to warn about dangers associated with their devices if the dangers are known or knowable in light of the generally accepted medical and scientific knowledge at the time of manufacture, distribution and/or sale.
Companies who breach this duty are strictly liable for any injuries caused by the danger associated with their product which the company failed to adequately warn about. For liability to apply, the harm must occur when the device is used or misused in an intended or reasonably foreseeable manner, and the failure to warn must substantially cause the harm.
We believe adequate product testing would have revealed the device’s tendency to fracture, thus this danger should have been known about and should have been warned about.
Products with manufacturing defects are defective because something unintended went wrong during the manufacturing process, causing the product to differ from manufacturer specifications or design, or from other typical product line units. These products fail to perform as safely as an ordinary consumer would expect when used correctly or in a reasonably intended manner.
Companies are liable in California for any injuries substantially caused by products they manufacture defectively.
Products with design defects fail to perform as safely as ordinary consumers would expect when used properly or in a reasonably intended way even though they are manufactured properly. Nothing went wrong during the manufacturing process; rather, their very design is defective, and the products are unsafe when they are made and used properly.
Companies are liable in California for any injuries substantially caused by products they design defectively.
Negligence is failing to be reasonably careful to prevent harm from happening. One can be negligent by doing something or doing nothing. One should always do what a reasonably careful person would in the same situation and one should always not do what a reasonably careful person wouldn’t do in the same situation.
A reasonably careful entity would perform adequate testing on their medical devices to ensure that they don’t have an unsafe tendency to fracture inside people. A reasonably careful entity would perform extensive testing on a product as critical as a defibrillator to ensure it is safe before selling it on the market.
A reasonably careful entity would warn about their device’s fracturing tendency if they knew or should have known about it, and we believe this danger should have been known about since adequate product testing would have revealed it.
Boston Scientific EMBLEM S-ICD Subcutaneous Electrode Recall Lawyers
Our lawyers have developed relationships with all of the best doctors in California while helping victims of defective medical devices in the last 30+ years. These doctors agree to give our clients the best available medical treatment without charging our clients until their cases is over.
These doctors are willing to do this for our clients because they know we are experts at obtaining huge settlements from insurance companies in products liability cases.
Our attorneys operate on a contingency fee basis, meaning your only fee is a percentage of your recovery and this fee is only charged if and when we obtain compensation for you. This means you’ll never owe us any money out of pocket and you can get the best medical treatment for your injuries regardless of your income level.
Call us now at 800-718-4658 if you or loved one was injured or killed by a defective Boston Scientific EMBLEM electrode. You can also talk with our live chat. You may qualify for financial compensation.