Medtronic Endotracheal Tube Lawsuit | 2025 Latest Updates

If you or a loved one experienced airway obstruction, ventilation failure, oxygen deprivation, or brain damage following the use of a Medtronic Endotracheal Tube, you may be entitled to pursue compensation.

At Schmidt & Clark, we are dedicated to helping individuals who have suffered due to defective medical devices.

Our experienced legal team is here to guide you through the process and fight for the compensation you deserve. Contact Schmidt & Clark today for a free, no-obligation consultation.

Medtronic Endotracheal Tube Lawsuit Overview

The Medtronic Endotracheal Tube lawsuits involve patients who have suffered serious injuries or death due to airway obstruction and ventilation failure when using silicone-based electromyogram (EMG) endotracheal tubes.

The primary allegations center on design defects that lead to potentially life-threatening complications during intubation procedures.

The FDA has received multiple reports of serious adverse events and deaths related to these devices and issued a formal Warning Letter to Health Care Providers in April 2022.

According to the FDA, silicone-based EMG tubes appear to have a higher frequency of reported airway obstruction events compared to other tubes.

Latest Medtronic Endotracheal Tube Lawsuit Updates

April 27, 2022 – The FDA issued a Warning Letter to Health Care Providers regarding the potential risk of airway obstruction when using certain electromyogram (EMG) endotracheal tubes, specifically the Medtronic NIM Standard Reinforced EMG Endotracheal Tube and Medtronic NIM Contact Reinforced EMG Endotracheal Tube [1].

FDA Reports and Statistics

The FDA has provided the following information regarding concerns with Medtronic Endotracheal Tubes:

• Multiple medical device reports (MDRs) have been received describing serious adverse events and deaths related to airway obstruction incidents and ventilation failure
• Data suggests that reported events of airway obstruction are more frequent for silicone-based EMG tubes compared to other types of tubes
• The FDA is currently evaluating the safety profile of these devices but has not yet determined the root cause of the reported issues
• The agency is investigating the incidence rate of obstruction and ventilation failure with Medtronic EMG tubes
• The affected products were cleared through the FDA’s 510(k) process, which does not require clinical trials for approval

What are Endotracheal Tubes Used For?

EMG endotracheal tubes have electrodes for monitoring the integrity of nerves to the laryngeal musculature. These tubes are intended to provide an airway for patient ventilation and allow for intraoperative monitoring of EMG activity of the laryngeal musculature during surgery when connected to an appropriate EMG monitor.

These devices are 510(k) cleared and are made from either polyvinyl chloride (PVC) or silicone elastomer. In the U.S., the currently marketed silicone-based EMG tubes are the Medtronic NIM Standard Reinforced EMG Endotracheal Tubes and Medtronic NIM Contact Reinforced EMG Endotracheal Tubes.

FDA Recommendations

The FDA has issued the following recommendations for healthcare providers regarding silicone-based EMG endotracheal tubes:

• Be aware of the potential risk of airway obstruction when using these devices
• Consider the benefits and risks of using silicone-based EMG endotracheal tubes compared to alternatives
• Have backup airway management devices readily available when using these tubes
• Report any adverse events related to silicone-based EMG endotracheal tubes to the FDA through the MedWatch program
• Follow all manufacturer instructions and warnings for proper use of the devices

FDA is encouraging patients to report adverse events related to silicone-based EMG endotracheal tubes to the manufacturer and the FDA.

Prompt reporting of adverse events can help the FDA identify and better understand the risks associated with medical devices.

Medtronic Endotracheal Tube Injuries & Side Effects

The use of silicone-based EMG endotracheal tubes has been linked to several serious and potentially life-threatening complications that can occur during or after intubation procedures.

• Airway Obstruction: Blockage of the respiratory pathway that prevents proper breathing and ventilation
• Ventilation Failure: Inability of the device to properly deliver oxygen to the patient’s lungs
• Oxygen Deprivation: Insufficient oxygen supply to tissues and organs, which can lead to hypoxemia and hypoxia
• Brain Damage: Permanent neurological injury resulting from extended periods of oxygen deprivation
• Death: Fatal outcomes resulting from severe complications of device failure

Do You Qualify for a Medtronic Endotracheal Tube Lawsuit?

You may qualify for a Medtronic Endotracheal Tube lawsuit if:

• You or a loved one was intubated with a Medtronic NIM Standard Reinforced EMG Endotracheal Tube or Medtronic NIM Contact Reinforced EMG Endotracheal Tube
• The patient experienced airway obstruction, ventilation failure, oxygen deprivation, or other complications during or after the procedure
• These complications resulted in serious injuries requiring additional medical treatment, permanent damage, or death
• The incident occurred within the applicable statute of limitations for your state
• Medical records document the use of the specific Medtronic device and the resulting complications

Evidence Required for a Medtronic Endotracheal Tube Lawsuit

To successfully pursue a Medtronic Endotracheal Tube lawsuit, you’ll need to gather:

• Medical records confirming the use of a Medtronic silicone-based EMG endotracheal tube
• Documentation of complications, injuries, or death resulting from tube failure
• Surgical and anesthesia records from the procedure
• Follow-up care and treatment records related to the complications
• Expert medical opinions linking the injuries to the defective device

Damages You Can Recover

Victims of injuries caused by defective Medtronic Endotracheal Tubes may be eligible to recover compensation for:

• Medical expenses for emergency care, hospitalization, rehabilitation, and ongoing treatment
• Lost wages and diminished earning capacity due to injuries
• Pain and suffering associated with the physical and emotional trauma
• Permanent disability or impairment resulting from oxygen deprivation or brain damage
• In cases of death, wrongful death damages including funeral expenses, loss of companionship, and loss of financial support

Statute of Limitations for Medtronic Endotracheal Tube Lawsuits

The statute of limitations for filing a Medtronic Endotracheal Tube lawsuit varies by state, typically ranging from 1-3 years from the date of injury or from when you reasonably discovered the connection between the injury and the defective device.

Medical device cases may fall under different legal categories depending on your state:

• Product liability claims typically have a 2-3 year statute of limitations
• Medical malpractice claims often have shorter timeframes, sometimes as little as 1 year
• Wrongful death claims usually must be filed within 2 years of the date of death
• Some states apply the “discovery rule,” which starts the clock when you discovered or reasonably should have discovered the injury was caused by the device

Because these timeframes can be complex and vary significantly by jurisdiction, it’s critical to consult with an attorney as soon as possible to ensure your legal rights are protected.

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FAQs

1. Can a Hospital Be Held Liable for Injuries Caused by a Faulty Endotracheal Tube?

Yes, a hospital can be held liable if it is proven that negligence or improper use of a faulty endotracheal tube caused the injury.

2. What Types of Compensation Are Typically Sought in Endotracheal Tube Lawsuits?

Compensation in endotracheal tube lawsuits typically includes medical expenses, lost wages, pain and suffering, and potentially punitive damages if gross negligence is proven.

3. How Long Do Victims Have to File a Lawsuit for Endotracheal Tube Injuries?

Victims typically have 2 to 3 years to file a lawsuit for endotracheal tube injuries, depending on the state’s statute of limitations.

4. What Makes the Silicone-Based EMG Endotracheal Tubes Potentially More Dangerous?

According to FDA data, silicone-based EMG tubes appear to have a higher frequency of reported airway obstruction events compared to other tubes. The exact mechanism of failure is still under investigation, but the silicone material may be more prone to obstruction or collapse during certain procedures.

5. Can I File a Lawsuit if My Loved One Died During an Intubation Procedure Using a Medtronic Tube?

Yes, you can file a lawsuit if your loved one died during or after an intubation procedure using a Medtronic silicone-based EMG endotracheal tube. Immediate family members such as spouses, children, or parents typically have the legal standing to pursue such claims.

See the other medical device cases our lawyers have taken on.

Take Action Now: Time-Sensitive Legal Claims

Time is limited to pursue legal action for injuries caused by defective Medtronic Endotracheal Tubes. Most states have a statute of limitations of only 2-3 years from the date of injury, and failing to file within this timeframe could permanently forfeit your right to compensation.

At Schmidt & Clark, we offer:

• Free, confidential case evaluations
• No upfront costs or attorney fees
• Payment only if we win your case
• Experienced legal representation from attorneys specialized in medical device litigation

Don’t wait until it’s too late to pursue the compensation you deserve for injuries caused by defective medical devices.

References

1. https://www.fda.gov/medical-devices/letters-health-care-providers/potential-risk-airway-obstruction-when-using-certain-electromyogram-endotracheal-tubes-letter-health