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California Impella Heart Pump Lawsuit (2024 Update)

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Quick Summary

  • Dealing with the repercussions of an Impella heart pump malfunction in California can be overwhelming, but understanding your legal rights should not be. This article cuts through the complexity of the California Impella heart pump lawsuit, providing clear guidelines on seeking legal recourse and the process for attaining compensation.
  • Whether you’re starting to explore your options or are ready to take action, our comprehensive look into the current litigation and guidance from experienced law firms will inform you of your next steps.
  • If complications from the Impella heart pump have impacted you or someone close to you, Schmidt & Clark LLP is ready to provide support. With a distinguished track record in representing plaintiffs, our firm’s mission is to help you secure the justice and financial restitution you are entitled to.

How S&C Can Help With Your Claim?

S&C can help with your claim by offering expert legal guidance and support, particularly in the daunting aftermath of dealing with a faulty medical device like the Impella Heart Pump.

Our legal expertise is focused on product liability, and we possess a wealth of experience in holding manufacturers accountable for the harm caused by defective medical devices.

The legal team at S&C can:

  • Navigate you through the legal proceedings
  • Provide advice on eligibility
  • Manage the collection of required evidence for your case
  • Aid in pursuing compensation claims, which vary based on the impact of the Impella Heart Pump injury
  • Confirm if your Impella device is included in a recall
  • Advise on your legal rights.

Impella Heart Pump Lawsuit

The Impella heart pump lawsuit arises from issues with the device’s performance and the subsequent recall. Plaintiffs are seeking compensation for injuries sustained or, in more severe instances, for the loss of a loved one. The central concern is the potential for the device to malfunction during use, possibly leading to diminished blood flow or a halt in the pump’s operation.

Despite the issued recall notifications, Impella heart pumps maintain their presence on the market and are still in use.

What Is an Impella Heart Pump?

An Impella heart pump is a device within the Impella blood pump range, specifically engineered to maintain blood circulation during high-risk cardiac procedures.

This device, part of the broader Impella product family, is surgically inserted into the heart to assist with blood pumping. It thereby alleviates the heart’s workload during critical operations such as open heart surgery, percutaneous coronary interventions, and transcatheter aortic valve replacements. Integral to this cutting-edge technology is the Impella Connect System.

The manufacturer, Abiomed, was responsible for informing healthcare providers about the potential risks of malfunctions and fractures of the Impella heart pump devices. Despite these warnings, many devices malfunctioned, leading to the current lawsuits.

Reasons Behind The Recall

The initiation of the Impella heart pump recall was triggered by the potential risk of the pump catheter perforating the wall of the heart’s left ventricle.

This could lead to very serious health consequences, including:

  • Left ventricle perforation
  • Heart wall tears
  • Hypertension
  • Reduced blood flow
  • Fatalities

According to the Society of Thoracic Surgeons, disturbing statistics have backed up these serious risks. There have been instances of serious injuries and deaths associated with the use of the recalled Impella pumps, including 129 reported serious injuries and 49 deaths [1].

In response to these risks, Abiomed issued an Urgent Medical Device Correction letter advising customers on new and revised warnings and the correct positioning and insertion of the pump catheter.

Side Effects of Impella Heart Pump

The Impella heart pump can cause serious and potentially fatal side effects.

According to the PubMed, the U.S. FDA classified a recall for the Instructions for Use for Impella Left Sided Blood Pumps as Class I due to the risks of [2]:

  • Perforation of the heart’s left ventricle
  • Serious adverse health consequences, including left ventricle perforation or free wall rupture, severe hypertension, and interrupted blood flow
  • Potential death

These aren’t just theoretical risks. There have been 129 reported cases of serious injuries and 49 reported deaths associated with the use of Impella Left Sided Blood Pumps.

Patients who are at higher risk when using Impella Pumps include those with anterior infarction, elderly individuals, and women. The severity of these side effects has been a major driving force behind the lawsuits against Abiomed.

Severe or fatal bleeding is a significant complication associated with Impella support – Shunsuke Saito (M.D., PhD), Cardiovascular Surgeon at the Department of Cardiovascular Surgery, Osaka University

How Do You Qualify for an Impella Heart Pump Lawsuit?

To qualify for an Impella heart pump lawsuit, you must be an individual who has experienced serious injuries or death due to the use of the Impella Left Sided Blood Pumps.

According to the FDAs 2023 notice, the mere experience of an injury is not enough; the recall of Impella pumps, which has been classified as a Class I, indicates that a malfunction could lead to severe consequences, and this forms a crucial criterion for eligibility in a lawsuit [3].

Patients who suffered from left ventricle perforation or other serious health issues as a result of using the recalled Impella pumps are also potential candidates for litigation. Specific groups of patients, such as older adults, women, and those with anterior infarction, may be particularly affected and could qualify for a lawsuit.

The Status Of The Impella Heart Pump Lawsuit Litigation in California

In California, the Impella heart pump lawsuit litigation is unfolding on two fronts: class action lawsuits and individual lawsuits.

Victims have the option to join a class action lawsuit against the Impella heart pump device manufacturers or opt for individual lawsuits, which could potentially offer better financial compensation.

The gravity of the situation becomes clear when looking at the reported cases and incidents. At least 30 complaints, 26 injuries, and four deaths have been linked to issues with Abiomed’s Impella Heart Pump. As a result, the company is facing scrutiny and investigation.

California Product Liability Laws

Product liability laws in California are critical in lawsuits akin to the Impella heart pump instance. A party can be held strictly liable for injuries caused by a defective product without proof of negligence if the product has a manufacturing defect, a design defect, or inadequate warnings.

In other words, if a defective product in California injures you, you can sue the responsible companies for damages through strict liability lawsuits.

To succeed in a product liability claim in California, you must prove that the product was defective when it left the defendant’s possession, was used in a reasonably foreseeable manner, and caused harm.

Establishing a valid product liability claim for a medical device like the Impella heart pump requires proving that the product was defective in its design, manufacturing, or marketing and that this defect directly caused the injuries.

Impella Heart Pump Lawsuit Settlement Amounts in California

The compensation for victims of the Impella heart pump in California can vary greatly and depends on the severity of injuries and the strength of the case.

As of March 2024, there are no new developments in the litigation of Abiomed Impella heart pump lawsuits. Neither global settlements nor trials have been scheduled yet.

Past California Impella heart pump lawsuits have left us with some important lessons. A trend has been established where device failure and lack of adequate warning were the leading causes of successful liability claims. These cases have also highlighted the challenges that often stem from complex medical evidence and establishing the direct link between the device and the injury or death.

Types of Compensation Available for California Impella Heart Pump Victims

If you’ve been affected by the Impella heart pump recall, you might be wondering what kind of compensation you could receive. The primary candidates for compensation are those seriously injured by the Abiomed Impella heart pump or who lost a loved one to such injuries.

The amount of compensation recovered by plaintiffs may be affected by the distribution of liability among all involved parties, as per California’s comparative fault law.

Victims of Impella heart pump-related injuries in California may be entitled to a range of financial compensation, including for wrongful death. Compensation can cover:

Filing an Impella Heart Pump Lawsuit in California

Initiating an Impella heart pump lawsuit in California necessitates meticulous deliberation and planning. Potential plaintiffs can begin the process by contacting an experienced medical device lawyer to discuss their case and legal rights, including whether their device was among the affected models.

Types of Evidence To Present

Evidence is key in any lawsuit, and the Impella heart pump lawsuit is no exception. Abiomed issued updated instructions for the use of Impella heart pumps, highlighting the need for special care during insertion in patients with high-risk conditions or in the event of CPR.

Lawyers build a strong case by critically assessing the evidence and examining the circumstances of the injury caused by an Impella heart pump to determine the validity of a claim against the manufacturer.

Expert witnesses are often utilized in Impella heart pump cases to offer testimony that establishes the presence of a product defect and how it caused damages or injuries. They rely on industry-accepted standards to fortify the case. This evidence is crucial in establishing a strong case against the manufacturer and in obtaining the compensation that victims deserve.

What is the Statute of Limitations for the Impella Heart Pump Lawsuit in California?

The statute of limitations for the Impella heart pump lawsuit in California is generally two years from the date of injury. That being said, an important caveat exists in the form of the ‘discovery rule,’ which may extend the filing deadline if the victim did not immediately discover the injury.

It’s crucial to remember that California imposes strict time limits to file a product liability lawsuit, and failure to file within this period can result in losing the right to sue. So, if you’ve been affected by the Impella heart pump recall, it’s important to act quickly.

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See all related medical device lawsuits our attorneys covered so far.

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At Schmidt & Clark, LLP we stand with you in these difficult times. If you or someone you care about has been affected by the Impella blood pump devices, we encourage you to contact us. With a wealth of expertise in such matters, our team is prepared to navigate you through the complexities of the legal system.

We offer clear insights into your legal options and evaluate your potential for filing an Impella pump lawsuit. Our consultative services are offered at no cost, and we operate on a contingency fee basis, meaning we only get paid if we win your case.



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