An Intra-Aortic Balloon Pump is a long skinny balloon that helps control a patient's blood flow through the largest artery, the aorta. The medical device inflates and deflates during the heart pumping process. Notably, the medical device is used by patients experiencing heart attacks, with weak hearts, or when they suffer from conditions like myocarditis or arrhythmia. Despite the numerous benefits of using the IABP, various circumstances have resulted in patients' death due to defective IABP.
Therefore, if your relative or loved one sustained injuries or even passed because of a defective IABP, you need to join a mass and file a lawsuit against the defective medical device manufacturers. The mass tort will ensure you obtain compensation for the sustained injuries and damages. At Consumer Alert Now, our experts offer legal assistance to plaintiffs affected by defective IABP across the US.
Meaning of IABP
An intra-balloon pump is a polythene product designed for assisting patients' heart works. The medical device is inserted into a patient's aorta to control their blood flow. The devices are temporarily implanted in patients with a weak heart. Notably, the medical device is implanted into the patient's blood circulatory system mainly through the legs artery, then placed in the aorta.
At the aorta, the medical device will inflate and deflate as the heart pumps, increasing the heart's pumping capacity and reducing the patient's heart muscles' efforts. If the blood detection alarm fails, the medical device pump will cease to deflate and inflate. Therefore, the device will become a risk factor in patients' blood clotting formation around the victim's aorta.
The circumstances which might require the medical products include myocarditis. Myocarditis is a condition where the infection happens in muscles or tissues of the heart, cardiac arrhythmia, a condition involving the heart's irregular beating, or part of post-operation to the recovering patients from bypass surgeries near the heart.
How To Use The Medical Devices
When inserting the IABP, the surgeon administers blood-thinning medication to the victim. Secondly, an incision is made in the patient's leg around the groin. Moreover, the catheter is threaded into the patient's artery to reach the aorta within the heart. The surgeon may decide to directly place the catheter on the patient's chest rather than use the patient's leg.
Notably, a few patients may not obtain full advantages from the medical devices. For instance, the patients who smoke, with diabetes or patients having blood vessel diseases, may face significant risk from the IABP process. In case the patient sustained severe heart injuries, the medical device may fail to work correctly. Additionally, patients suffering from medical devices may face infections, poor blood circulation, and blood clots.
Why Should You Use The IABP?
If the patients face myocarditis, post-operative, or arrhythmia, they will need to undergo IABP. Notably, the three conditions may be very frightening when you experience them. The conditions may be hard to prevent or predict, leaving a negative feeling to the patients as they place their lives on the doctor's watch. An intra - aortic balloon pump is applicable in the three conditions. However, IABP injuries may happen. Notably, the patient's ignorance may put them at IABP injuries or death.
Side Effects of The IABP
The IABP may lead to various side effects. Notably, the patients need to notify their immediate caregivers in case the bandage becomes saturated with blood. Additionally, other side effects include chills, fever, and burning pain around the insertion area.
Various Types of Injuries Resulting from IABP
According to recent research, patients who don't smoke before carrying out the procedure have better results. Additionally, better results are associated with fasting patients at the midnight of the surgery day. Doctors may reduce the complication risks by carrying out extensive blood work for screening out blood clot issues. Additionally, medical experts use sheathless insertions, which can reduce the patients' complication risks. The following are the most common IABP injuries:
- Injuries to the artery
- The balloon leakage or rupture.
- Excessive bleeding due to low platelet count
- Kidney injury
- Limb damage due to lack of blood flow
What is Done to The Patients Sustaining the IABP Injuries?
The outlook may range up to fatal depending on the type of injuries faced by the patients. In case the patient suffers a low count of platelets, blood transfusion is applicable in resolving the issue. Additionally, conditions involving infections are treated with antibiotics or different medications. Issues, including ischemia, are modified by responsive surgery for restoring the blood flow and avoid further damage in the affected areas. Note that not all the damages are easily repaired. For instance, damage resulting from a stroke-caused by the medical products may result in brain damage and permanent nerve damage. Furthermore, the organ damages resulting from improper balloon positioning may lead to the need to remove the organ or organ transplant.
Preparing For Intra-Aortic Balloon Therapy
Before you engage in the therapy procedure, you need to talk with a healthcare provider about the exercise. Notably, the healthcare provider will instruct on the procedures of using the IABP. Inform your doctor if you are pregnant. Additionally, you may let the doctor know whether you experience the following:
- New symptoms including fever
- Other medical conditions
In case you smoke, you need to avoid it before engaging in the therapy procedure to reduce the risks of complications. Additionally, you cannot drink or eat anything past midnight before the day of your therapy. Before the treatment, you may require to take medicines that will help prevent the clotting of blood.
What Will Happen During An IABP Therapy
The healthcare givers will instruct you on what to expect during the therapy. Notably, the procedure will include the following steps:
- The patient will receive some anesthesia when they have insertion during the surgery process. Notably, the patient will remain asleep during the process, and he/she won't feel any pain. In other cases, the healthcare provider will issue the patient with medicine for helping them to relax.
- During the IABP procedure, the doctor monitors the patients' vital signs, including heart rate, pressure, etc.
- The healthcare giver makes a narrow cut on the patient's inner thigh. After making the small cut, the doctor inserts the balloon catheter.
- Additionally, the healthcare provider advances the catheter into the patient's aorta. The surgeon will be able to examine the movement of the catheter by carrying out several x-ray imaging.
- The intra-aortic balloon is then programmed for inflating and deflating when the heart relaxes and contracts. Therefore, the process ensures the safety of the patient.
Immediately after the procedure, the patient might feel chest pain. The pain is supposed to disappear within minutes before the intra-aortic balloon pump procedure starts. In case the patient still feels the pain, he/she will need further treatment.
Your health caregiver is responsible for watching for any complications. The patient will be required to remain in bed. Notably, the healthcare provider recommends the patient's bed to remain slightly elevated. Additionally, the healthcare giver recommends the patient's leg with a catheter to stay straight. To ensure the medical device remains in the required spot, the healthcare giver will need daily chest x-rays.
If any new symptoms, including bleeding in the insertion site, arise, the patient should notify their healthcare providers immediately. Chest pain experienced by the patients might mean that the medical device needs adjustments. Additionally, paleness on the patient's leg may indicate a reduction in the blood flow of the affected region.
What Will Happen immediately After the IABP Therapy
The patient might remain on the IABPs for days. Notably, their doctor should monitor their progress keenly. The healthcare provider may temporarily switch the pump to monitor the patient's response. Once the heart begins the pumping process well, the IABP should stop. During the pump removing process, the doctor will administer some medicines to help the patient relax. Therefore, the healthcare giver will remove both the catheter and the attached balloon. Additionally, the healthcare provider will close the incision on the patient's leg. Additional instructions may be provided by the healthcare giver, in which the patient needs to follow instructions to receive positive outcomes carefully.
Intra-Aortic Balloon Failures
In November 2019, the FDA declared a new type of intra-aortic balloon pump failure. The report indicated various intra-aortic balloon pumps spontaneously failed while operating on battery power, causing severe injuries and multiple deaths. The failures happen without raising any alarm, thus causing damages in a second. Since critically ill patients use medical devices, a slight breakdown might lead to deaths. The medical device manufacturing companies are responsible for thoroughly investigating medical devices in every stage of manufacturing. Additionally, the manufacturers and suppliers should remove defective medical devices from shops.
Risks Arising From the Intra-Aortic Balloon Pumps
The IABP is beneficial for medical devices in preserving the patient's blood flow. However, medical devices are associated with certain risks to users. According to a research study conducted in 2017, the indication was that the majority of the vascular complications associated with the devices included bleeding, mesenteric ischemia, or limb ischemia. Additionally, one out of three patients using the medical devices experiences various complications attached to the intra-aortic balloon pumps. In case the patient exhibits risk conditions, including hypertension, diabetes, or peripheral vascular disease, the condition may worsen.
Intra-Aortic Balloon Pump Lawsuits
Datascope/MAQUET is the manufacturing company responsible for producing intra-aortic balloon pumps. The food and drug administration has recently called for the intra-aortic balloon pump manufacturers to provide information regarding the potential detection alarm that detects when the balloon stops to work correctly.
Sometimes, a patient may be implanted with an intra-aortic balloon pump containing defective batteries. Implanting a defective device will cause death when the device fails without warning. The medical experts are responsible for amending the damages that may arise from failing to implement the device correctly. Additionally, the doctors may assume that the company responsible for manufacturing the medical device has tested for any possible defects.
Additionally, doctors may fail to know that the manufacturing company never produced safe medical devices. The victims of the failed medical devices will face either death or long-term health complications.
Therefore, if your relative or loved ones died or sustained severe injuries due to a fundamentally defective medical device, you need to join a mass tort and file a case against the defective device manufacturers. The litigation will help in providing compensation for sustained injuries or even in case of a death. Additionally, the compensation will help provide medical bill relief or the funeral costs left by a victim's death.
How a Mass Tort Case Works
A mass tort case starts with the victim filing a lawsuit with the court. After filing the suit with the manufacturing company failing to settle immediately, the discovery process will begin. Notably, both the intra-aortic manufacturers and the plaintiffs will discover each party's information to build the case at the discovery phase.
Additionally, during the discovery stage, the witness will offer their information, the experts will provide a deposition, and an examination of medical records will occur. Notably, all the facts and evidence are assembled in the discovery stage. After determining the facts, pre-trial motions started.
The pre-trial motions may request a summary judgment, determine the alleged case's facts, or dismiss the case due to various filing process errors or jurisdiction. The pre-trial motions may set the stage for determining how the case will proceed for both parties. For instance, if the pre-trial motion disqualifies the manufacturer's company witnesses, it may reconsider proceedings.
After the pre-trial motions, and no agreement is set between the medical device manufacturers and the plaintiff, a trial date will be set for the case to be decided by a jury. The trial continues until both parties make their case to the jury, and an agreement is reached.
Mass tort lawsuit involves multiple plaintiffs filing their claim then handled together to ensure convenience in the court. If you have a mass court case, you need to understand how they work. Below are the steps
Reviewing Records By The Plaintiffs Mass Tort Lawyer
Before Your mass tort attorney helps you file a lawsuit against the liable company, they need to review a lot of information, including varied records, to determine whether you have a strong case. The attorneys will review the plaintiff statements alongside allegations of suffered injuries.
The attorneys review the injuries and illnesses that ended up after using the intra aortic balloon pumps. Additionally, the attorney will review your entire medical history to confirm whether you have pre-existing conditions.
Furthermore, the attorneys will review the number of plaintiffs involved in the mass tort litigation process to confirm injuries' consistency. For instance, if you claim defective intra aortic balloon pumps, the attorneys will find the claim similarities.
Identifying the Plaintiff's Injury Consistently
To qualify a mass tort, the lawyer's identify injury consistence. Mostly, plaintiffs in the cases suffer similar or identical injuries. The mass tort lawyers build a strong defense against the defendant, with each plaintiff having their case, but with a similar lawsuit structure. Notably, the mass tort lawyers categorize their cases differently, including injury severity, plaintiff age, or duration of injuries.
Filing Lawsuits Against The IABP Manufacturing Company
When your injuries or illness are much like those of other victims used similar medication, the representing attorney proceeds with filing a lawsuit against the manufacturing company.
Plaintiffs should file their mass tort in federal courts in the US. Experienced mass tort lawyers understand the structure of mass tort cases and know how to file them correctly.
Additionally, the courts prefer to have the cases consolidated to streamline them together. For instance, if intra aortic drugs release severe injuries to many people, the personal torts may regroup into a mass tort claim. Consolidation makes the cases faster and convenient to all plaintiffs. The attorneys would gather specific details for filing the lawsuit along with damages you are hoping to recover.
Trial of Bellwether Cases
The court tries a handful of cases, commonly referred to as bellwether trials, before trying the entire group. The mass tort attorneys mostly choose the most severe cases, including the people facing imminent death or the plaintiff having significant damages. The bellwether attorneys should seriously take their cases since it doesn't proceed to trial when the court finds a defense for a bellwether case.
Settlement Of IABP
Mass tort cases may take months or years, but they settle. Lawyers and judges prefer the settlement of mass tort cases to occur outside courts. Your attorneys will work hard enough to reach a reasonable settlement for all plaintiffs. You need to receive the most money possible from the company that caused your injuries. A mass tort claim fairly allocates the awards based on each plaintiff's damages.
Available Compensation in a Mass Tort Against IABP Manufacturing Company
In a mass tort lawsuit, the patient's damages will be assessed and compensated in a monetary amount. Additionally, the money features potential punitive fines and compensatory fines. The compensatory amount will comprise the present, past, and future expenses, which the plaintiff will have/ will be undergoing.
Mass tort cases take years to resolve. Additionally, they constitute consolidated multi litigation against a common defendant. However, the rewards vary from plaintiff to plaintiff. Mass tort lawsuits allow plaintiffs to pursue and recover their compensation for suffered losses.
Notably, mass tort ensures multiple plaintiffs have their voices heard against a common defendant. The court allows plaintiffs to file a unified case to prevent hearing similar claims against one defendant. The following are the requests to may include in the suit.
Wrongful death is a tort claim allowing surviving family members to seek compensation for their loved one's death. When your loved one used defective intra aortic balloon pumps that resulted in the death, the manufacturing company is responsible for the damages.
Filing a wrongful death claim helps the plaintiffs receive compensation for burial and funeral costs. Your family would deserve justice, compensation, and answers if your loved one suffered injuries due to defective intra aortic balloon pumps. However, to receive maximum compensation, you should prove the death resulted from the manufacturing company's negligence.
Pain and Suffering
Manufacturers, designers, and retailers should ensure the products placed in the market have no defects, therefore safe for consumers' use. When intra aortic balloon pumps manufacturers violate this duty, and consumers sustain injuries after using defective products, they will be liable in a mass tort lawsuit.
You are entitled to receive compensation for the incurred pain or loss of enjoyment resulting from sustained injuries. Our mass tort lawyers consider the amount awarded in past cases for similar damages and estimate the compatible amount. However, since pain and suffering are intangible, the size of awards varies in different cases.
Lost Income and Earning
Loss of income is the actual earning lost, while loss of earnings include the estimated amount you could have earned if not for the injuries sustained. Injuries sustained from defective intra aortic balloon pumps may force victims to take off either permanently or temporarily.
The amount is calculated using the plaintiff's salary multiplied by the days or years they will not work. The figures cater to both actual lost wages and future lost ages the plaintiffs would have received. Therefore, you will require a mass tort attorney to prove the amount of income you have lost.
Find A Mass Tort Expert Near Me
If your loved ones face severe injuries or even death due to a defective medical device, you need to seek legal assistance for compensation for the sustained injuries. Therefore, if the death or damage arises due to a defective intra-aortic balloon pump, you need to join a mass tort and file a suit against the product's manufacturing company. At Consumer Alert Now, we provide our clients with the best legal assistance in obtaining fair compensation. If you are in the US, call us at 800-511-0747 for a free consultation and case evaluation.