If you or a loved one had a gastrointestinal surgery that used surgical staples and later suffered from injuries, you may be entitled to substantial compensation. Contact the Kishish Law Group today to learn about the surgical staples lawsuit. Complete our contact form or call us toll free at 1 (888) 609-4664 for your free and confidential case evaluation.
The U.S. Food and Drug Administration (FDA) has recently warned that the use of surgical staplers and surgical staples may pose a greater risk than manufacturers have disclosed. In a letter to health care providers in March 2019, the FDA released the results of its investigation into surgical staples. The FDA found that reports submitted to the agency about surgical staples and staplers detailed 366 deaths and over 9,000 serious injuries. The agency has now taken action to increase regulation on surgical staples.
Plaintiffs are now suing the manufacturers of surgical staplers and staples, claiming that the manufacturers should have warned patients about the potential dangers of the use of surgical staples. If you had a surgery using these medical devices and later suffered from complications, filing a lawsuit may help you recover medical bills, lost wages, and other costs associated with your injuries. Filing a lawsuit can also send an important signal to medical device companies that they should make sure that their products are safe before releasing them on the market.
What are surgical staples?
Surgical staples are specialized staples used in surgery. Surgeons can use surgical staples to remove portions of organs, cut tissues, or create attachments between tissues. Surgeons may use these staples in a variety of operations, including gastrointestinal, gynecologic, and thoracic surgery, among others. When used properly, staples can provide strong closures and decrease the chance of infection.
What injuries might malfunctioning surgical staplers cause?
Surgical staples can cause a variety of serious injuries, many of which may lead to death. In FDA documentation, the agency warned that malfunctioning staplers could cause several types of injuries, including:
- Fistula formation
- Tearing of tissues or organs
- Increased risk of cancer recurrence
These injuries may require longer stays at the hospital or require a surgeon to perform additional operations to correct these issues.
Though the FDA has reported that thousands of patients have suffered from the malfunction of these staplers, a report by Kaiser Health News says that the agency may have drastically underreported these injuries. Kaiser said that when the nonpublic numbers are included in the number of injuries, the number of injuries from 2011 to 2018 could be nearly 110,000.
Has there been a surgical staple recall?
Yes, the medical device company Ethicon recalled several of their surgical stapler and surgical staple products. In what the FDA calls a "class I" recall, the most serious type of recall, Ethicon pulled several of their products from the market after it was shown that use of the product could cause serious harm or death. The FDA reported that an error in manufacturing could cause the stapler to misfire, leading to unplanned or misplaced staples during surgery. In two cases, misfiring caused surgeons to place additional staples in the rectums of patients, which can cause the need for additional medical treatment, imaging or surgeries, or more serious complications like bleeding, sepsis, permanent digestive issues, or death.
What do the surgical staple lawsuits say?
The surgical staple lawsuits accuse manufacturers of the devices of failing to adequately ensure the safety of their products or failing to warn patients about the dangers associated with the devices. Manufacturers of medical devices have a duty to ensure that their products are safe for the use intended and warn patients and doctors about foreseeable dangers.
Do I have a surgical staples case?
Contacting a surgical staples lawyer is the best way to determine whether you have a claim related to the use of a surgical staples. A lawyer is in the best position to evaluate your case and help you secure your maximum recovery. The experienced legal professionals and staff at the Kishish Law Group will listen to your story and help you decide your legal path forward. If you or a loved one had an operation that used a surgical stapler and later suffered from injuries including infections, organ damage, bleeding or other complications, you may have a case. Contact the Kishish Law Group today for your free and confidential case evaluation by completing our contact form or by calling us toll free at 1 (888) 609-4664.
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Speak with a Surgical Staples Lawyer
If you had a gastrointestinal surgery that used surgical staples and later suffered from injuries, you may be entitled to substantial compensation.
Reach out to Kishish Law Group immediately to find out your legal options.
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