Cochlear Ear Implant Lawsuit | 2025 Latest Updates

Cochlear Ear Implant Lawsuit Overview

When a child is born with hearing complications — either hard of hearing or born profoundly deaf — many parents experience intense grief and distress, electing to “fix” their little one by having a cochlear device implanted. However, like all surgeries, cochlear implants are not without risk.

In fact, the cochlear has had a long history of recalls, severe complications, and lawsuits. These lawsuits primarily allege that manufacturers designed defective devices and failed to warn about their risks.

Latest Cochlear Ear Implant Lawsuit Updates

• July 31, 2024: Last lawsuit updates published by C.L. Mike Schmidt, continuing to accept new cochlear implant injury cases in all 50 states.
• 2013:  A jury awarded an 11-year-old Kentucky girl $7.25 million after her cochlear implant malfunctioned and shocked her so severely she was thrown to the ground vomiting and convulsing. Her family sued the manufacturer of the device, Advanced Bionics, after the girl was shocked 2 more times and the hearing aids had to be removed and replaced with a competitor’s model.
• 2008: Advanced Bionics was ordered to pay $1.1 million to the U.S. Food and Drug Administration (FDA) to settle allegations the company failed to notify the federal agency it was using a different supplier for one of its implant’s components. The FDA said this failure exposed deaf people to “unnecessary health risks.”

FDA Reports and Statistics

Advanced Bionics (AB) announced that it will voluntarily recall its HiRes 90K cochlear implant device and is retrieving all unimplanted medical devices in distribution [1].

The recall was initiated in response to two confirmed instances where the product experienced a malfunction requiring explantation.

These recipients experienced severe pain, moderate hearing loss, overly loud sounds, and/or shocking sensations at 8-10 days after initial activation of their device.

The FDA has raised concerns about cochlear implant manufacturers failing to adequately warn about risks or changing components without proper notification. Advanced Bionics was previously fined $1.1 million for failing to notify the FDA about a supplier change for a critical component [2].

Cochlear Ear Implant Injuries & Side Effects

While surgically implanted devices may be beneficial to some cochlear implant patients, others have experienced significant unnecessary potential cochlear implant risks and life-threatening complications including:

• Severe hearing loss: Further degradation of hearing ability after implantation.
• Balance issues: Disruption of inner ear function affecting equilibrium.
• Nerve injury: Damage to facial nerve causing movement problems.
• Facial paralysis: Partial or complete loss of facial movement.
• Fluid leakage: Cerebrospinal fluid leaking around the inner ear or brain.
• Infection risks: Including severe infections requiring implant removal.
• Device malfunction: Electronic failures leading to shocking sensations or pain.
• Meningitis: Infection of the membrane covering the brain, potentially fatal.
• Total loss of natural hearing: Permanent damage to cochlea cells.
• Mental health impacts: Depression and psychological trauma from complications.

Parents with young children who have undergone cochlear implant surgery should look for the signs of a defective device, including:

• loss of hearing
• pain or discomfort
• unwillingness to use headphones
• crying
• sudden loud noises
• popping sounds
• intermittent functioning

Do You Qualify for a Cochlear Ear Implant Lawsuit?

You may qualify for a cochlear ear implant lawsuit if:

• You or your child received a cochlear implant that malfunctioned.
• The implant caused injuries such as severe pain, shocking sensations, infections, or hearing loss.
• The implant required surgical removal or replacement.
• You required additional medical treatment due to complications.
• You have medical documentation linking your injuries to the cochlear implant.

Cases of bacterial meningitis resulting in death may qualify for wrongful death lawsuits when linked to implantation of failed devices without early intervention.

Evidence Required for a Cochlear Ear Implant Lawsuit

To strengthen your cochlear implant case, you should gather:

• Medical records documenting the original implantation.
• Documentation of complications experienced after implantation.
• Records of additional surgeries or treatments required.
• Device model and manufacturer information.
• Communications with doctors or the manufacturer regarding the device.
• Evidence of any recall notices related to your specific implant.

Damages You Can Recover

Individuals who have suffered significant harm due to the implantation of defective medical implants have the right to seek compensation for all harms suffered, including:

• Recovery for all medical and health-related costs
• Cost of any rehabilitation expenses
• Any loss of income or salaries including future loss of income
• Non-economic damage compensation – this includes recovery from emotional trauma, pain and suffering, and mental anguish
• Punitive damages – often awarded where the at-fault manufacturer acted with intent to cause harm or knew to a substantial degree of heightened levels of risk associated with the use of the item

Cochlear Ear Implant Recall Information

Advanced Bionics announced a voluntary recall of its HiRes 90K cochlear implant device and is retrieving all unimplanted medical devices in distribution.

The recall was initiated in response to two confirmed instances where recipients experienced severe pain, moderate hearing loss, overly loud sounds, and/or shocking sensations at 8-10 days after initial activation of their device.

If you have a recalled cochlear implant, depending on the severity of the recall and the availability of replacement devices, you may be eligible for a replacement implant. Contact the manufacturer for more information.

Statute of Limitations for Cochlear Ear Implant Lawsuits

Lawsuit deadlines vary by state. It’s best to speak with a lawyer as soon as possible to avoid missing your window to file.

Different states have different timeframes for product liability and medical device claims, and these limitations could affect your ability to seek compensation.

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FAQs

Get Your Free Cochlear Ear Implant Lawsuit Evaluation With Our Lawyers

Time is limited to pursue legal action for injuries related to defective cochlear implants. Statute of limitations laws restrict how long you have to file a claim, and these deadlines vary by state.

The Medical Device Litigation Group at our law firm is an experienced team of trial lawyers that focus on the representation of plaintiffs in defective medical device injury lawsuits. We are handling individual litigation nationwide and currently accepting new cases in all 50 states.

If you or a loved one has been injured by a cochlear device, you should contact our law firm immediately. You may be entitled to compensation by filing a lawsuit and we can help.

Free Lawsuit Evaluation: If you or a loved one has been injured by a cochlear device, you should contact our law firm immediately. You may be entitled to compensation by filing a lawsuit and we can help.

Reference:

1. https://www.einpresswire.com/article/56770233/hires-90k-cochlear-implant-device-recall-malfunction
2. https://www.mddionline.com/regulatory-quality/advanced-bionics-reaches-1-1-million-settlement-with-fda