Medtronic Class Action Lawsuit

You may have read about a Medtronic Class Action Lawsuit. The Class Action lawsuit is one of the biggest lawsuits in the health care industry. Recently, a new case was brought against a Medtronic distributor. In this case, the lead plaintiff was an Alzheimer’s patient who was supposed to be receiving a medicine called Betaseron. When this medicine went bad, the patient developed a disease that caused her death.

Medtronic Class Action Lawsuit

There are literally hundreds of news stories on the web about what occurs when these medical devices inevitably go wrong. In the case of the Medtronic Class Action lawsuit, the plaintiff was supposed to be receiving an infusion of bone graft. She never did receive the infusion and now she is suffering from organ failure. In another case, an Alzheimer’s patient who was supposed to receive an infusion of bone graft was instead given Betaseron. This caused the patient’s death.

Now, let me explain how this type of situation actually works. If a manufacturer is producing a medical device, they have to follow all of the rules set forth by the Food and Drug Administration.

They have to make sure that the products they are manufacturing are safe for the patients who will be using them. One of the first things that they have to do is figure out exactly how much of each ingredient they need to use. If the manufacturer cannot determine this number, then they have to find a way to come up with it. They cannot use trial and error, because something that might work once may not work anymore.

In fact, I think that the FDA has actually been too lax in enforcing the regulations set forth by the law.

The Medtronic Class Action Lawsuits that you read about usually end up due to one of two reasons: The manufacturer was aware that their product was defective and did nothing to correct it; or, they could not make a valid defense in court that their product was safe. It is hard to win such lawsuits based on what the FDA tells you, but sometimes judges are not willing to believe that the manufacturers know what they are doing. In this case, the verdicts are often very in favor of the plaintiff.

There is another aspect to these types of lawsuits, though. You see, in many of these situations, the manufacturer knew that their product was dangerous.

Yet, they still went ahead and produced it. So, why is it that in many situations, people end up winning these types of lawsuits when it should turn out that the manufacturer made a mistake? The answer lies in the fact that the FDA, which is totally uninterested in class action lawsuits, allows class action lawsuits only if they can prove beyond a reasonable doubt that the manufacturer, themselves, were aware of the risks associated with the product in question.

This means that it is always going to be difficult for a medtronic class action lawsuit plaintiff to prove their case.

The FDA has basically stated that they are not going to allow class action lawsuits regarding drugs that have off-label uses. This doesn’t mean that there is no hope for such plaintiffs, however. It simply means that they will have a very difficult time to convince the FDA that their injuries were caused by the use of the drug rather than by some other cause. You will need an attorney who specializes in medtronic class action lawsuit settlements in order to help you get your lawsuit taken care of.