A Louisville, Kentucky jury awarded an eleven year old girl and her family $7.25 million dollars in compensatory and punitive damages as the result of a defective cochlear ear device.
Awful details here. Born deaf, the little girl had a cochlear ear device implanted in her head when she was four years old. Four years later, an electrical short from the device shocked her horrifically; she was thrown to the ground vomiting and convulsing.
Before the device was removed and replaced 13 months later, she was shocked two more times. The open-head surgery to remove the device from her skull took more than seven hours.
Plaintiffs alleged that the device manufactured by Advance Bionics was harmful and non-compliant with FDA regulations. They further alleged that Advanced Bionics knew that the device was leaking and defective, but that they delayed disclosing the defect in order to sell more devices and get more money when the company was sold. Approximately 4,000 of these devices have been implanted worldwide, with about 1,000 having failed to date.
The verdict of over $7 million against Advance Bionics included $996,236.64 in compensatory damages and $6,250,000 in punitive damages.
I really tried not to buy into these cases. A priest who taught me in college has one to this day. It has really added to the quality of his life. Look how I foolishly tried to defend them here. But for far too many people – as this punitive damage award tells us – this product dramatically failed and this company failed its patients. Too many companies out there putting profits before safety.
If you or a loved one has suffered severe injury from a defective product or device, you can speak to a lawyer for a free, no obligation consultation at 800-553-8082 or get an online case evaluation here.