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Table Of Contents
- NeuroBlate Lawsuit Overview
- Latest NeuroBlate Lawsuit Updates
- FDA Reports and Statistics
- NeuroBlate Injuries & Side Effects
- Do You Qualify for a NeuroBlate Lawsuit?
- NeuroBlate Recall Information
- Statute of Limitations for NeuroBlate Lawsuits
- FAQs
- 1. Who can join the NeuroBlate class action lawsuit?
- 2. What compensation can I seek in the NeuroBlate class action lawsuit?
- 3. How do I know if I qualify to join the NeuroBlate class action lawsuit?
- 4. What evidence is needed to support my claim in the NeuroBlate class action lawsuit?
- 5. Can I file a class action lawsuit for NeuroBlate injuries?
- Get a Free NeuroBlate Lawsuit Evaluation With Our Lawyers
NeuroBlate Lawsuit Overview
The NeuroBlate lawsuit centers on serious complications arising from the NeuroBlate System’s laser delivery probe, which has been linked to unintended heating and potential brain tissue damage. Monteris Medical faces allegations that their device caused severe neurological injuries, brain damage, and in some cases, death due to accidental heating of the probe tip.
Following multiple reports of probe failures and associated injuries, the FDA issued a Class I recall in October 2017, affecting 52 probes with 49 sold in the United States. The FDA expressed concern that the manufacturer’s provided information has not adequately reduced the risk associated with unintended heating, leading to ongoing litigation against the device manufacturer.
Latest NeuroBlate Lawsuit Updates
- February 11, 2020 – Monteris Medical, the manufacturer of the NeuroBlate laser probe, agreed to pay $12.75 million to settle a lawsuit brought by a patient who suffered severe brain injury when the tip of the device broke off during surgery to remove a benign brain tumor. The patient, Michael Brassloff, experienced permanent neurological deficits as a result of the incident. The settlement was intended to help address his ongoing medical needs, and his legal team stated they would report the outcome to the FDA for further regulatory consideration. This case highlights the significant risks associated with defective surgical equipment and the ongoing scrutiny of medical device safety by regulators [1].
- October 2017 – Monteris Medical issued a nationwide recall for the NeuroBlate probe and system on October 5, 2017, with the FDA designating it as a Class I Recall after several reports surfaced of unintended heating and damage to the probe, which may have resulted in damage to surrounding brain tissue [2].
- October – December 2017 – Between October and December 2017, Monteris released three distinct advisories about accidental heating of the probe tip with the NeuroBlate System. Nonetheless, the FDA is worried that the manufacturer’s provided information has not adequately reduced the risk associated with unintended heating [3].
- 2017 – The FDA issued strong warnings to healthcare providers. “Until appropriate mitigation strategies have been identified by the manufacturer and evaluated by the FDA, health care providers should strongly consider treating patients using alternative procedures if available,” FDA said. “The benefits and risks of the device, as well as the availability and benefits and risks of alternative treatment modalities, should be considered on an individual patient basis. Health care providers who do not believe there is a viable alternative should use the device with extreme caution [4].”
FDA Reports and Statistics
The FDA reported multiple incidents of unintended heating and probe damage with the NeuroBlate System, leading to the Class I recall designation. A total of 52 probes were affected by the recall, with 49 units sold in the United States. The devices were manufactured from April 2013 to July 2017, indicating a significant period during which potentially defective devices were in circulation.
NeuroBlate Injuries & Side Effects
Patients who underwent NeuroBlate procedures have reported a range of serious complications and injuries related to the device’s malfunctioning probe system.
- Brain Tissue Damage: Unintended heating of the probe tip causing damage to surrounding brain tissue
- Neurological Deficits: Severe complications affecting cognitive and motor functions
- Burns: Thermal injuries to brain tissue from overheating probes
- Death: Fatal outcomes in some cases related to device malfunction
Do You Qualify for a NeuroBlate Lawsuit?
You may qualify for a NeuroBlate lawsuit if:
- You underwent a procedure using the NeuroBlate System between April 2013 and July 2017
- You experienced serious side effects including brain damage, neurological deficits, burns, or other severe complications
- The injuries required medical treatment or hospitalization
- You can provide medical documentation linking your injuries to the NeuroBlate procedure
Evidence Required for a NeuroBlate Lawsuit
To support your NeuroBlate lawsuit claim, you will need comprehensive documentation including:
- Medical records showing that you were treated with the NeuroBlate System
- Documentation of any related complications or injuries following the procedure
- Expert testimony linking the NeuroBlate System to adverse outcomes
- Medical studies demonstrating the connection between device malfunction and your injuries
Damages You Can Recover
In a NeuroBlate lawsuit, you may seek compensation for:
- Medical expenses related to treating complications
- Lost wages due to inability to work
- Pain and suffering from injuries
- Punitive damages if gross negligence or willful misconduct is proven
NeuroBlate Recall Information
The NeuroBlate Probe recall affects the following devices with product codes GEX and HAW:
- SideFire 3.3 mm (SFP) Directional Laser Probe (sizes 000-5)
- FullFire 3.3 mm DTP Diffusing Tip Laser Probe (sizes 000-5)
- FullFire Select 2.2 mm Diffusing Tip Laser Probe (sizes 000-5)
The FDA designated this as a Class I Recall, affecting a total of 52 probes with 49 sold in the United States. The devices were manufactured from April 2013 to July 2017.
Statute of Limitations for NeuroBlate Lawsuits
Time is limited to pursue legal action for NeuroBlate-related injuries. The statute of limitations varies by state, but typically ranges from one to three years from the date of injury discovery. It’s crucial to consult with an attorney as soon as possible to ensure your claim is filed within the required timeframe.
FAQs
1. Who can join the NeuroBlate class action lawsuit?
Individuals who were treated with the NeuroBlate System and suffered severe complications or injuries, such as brain damage, neurological deficits, or burns, may be eligible to join the class action lawsuit. Families of those who died as a result of using the device may also be eligible to join.
2. What compensation can I seek in the NeuroBlate class action lawsuit?
In the NeuroBlate class action lawsuit, you may seek compensation for medical expenses, lost wages, pain and suffering, and possibly punitive damages if it is proven that the manufacturer acted with gross negligence or willful misconduct.
3. How do I know if I qualify to join the NeuroBlate class action lawsuit?
To qualify for the NeuroBlate class action lawsuit, you typically need to have undergone a procedure using the NeuroBlate System and subsequently suffered from severe complications or injuries related to the device. Consulting with a lawyer specializing in medical device litigation can help determine your eligibility.
4. What evidence is needed to support my claim in the NeuroBlate class action lawsuit?
To support your claim in the NeuroBlate class action lawsuit, you will need medical records showing that you were treated with the NeuroBlate System and documentation of any related complications or injuries. Additional evidence may include expert testimony and medical studies linking the NeuroBlate System to these adverse outcomes.
5. Can I file a class action lawsuit for NeuroBlate injuries?
Our attorneys have decided against filing a class action lawsuit in this litigation and instead are filing individual lawsuits on behalf of injured parties and their family members. We strongly believe that individual suits, and not a class action, are far more beneficial to our clients in terms of overall payout, lawyer fees, and control over their own cases.
Related Article: Votiva Laser Lawsuit & Attorney
See the other medical device lawsuits our lawyers have taken on.
Get a Free NeuroBlate Lawsuit Evaluation With Our Lawyers
Time is limited to pursue legal action for NeuroBlate-related injuries. The statute of limitations varies by state, but you typically have only a few years from the date of injury discovery to file your claim.
The Medical Device Litigation Group at our law firm is an experienced team of trial lawyers that focus on the representation of plaintiffs in NeuroBlate lawsuits. We are handling individual litigation nationwide and currently accepting new injury and death cases in all 50 states.
We offer:
- Free, confidential consultations
- No upfront costs or fees
- Payment only if we win your case
References:
- https://www.law.com/thelegalintelligencer/2020/02/26/surgical-instrument-company-agrees-to-pay-brain-injured-man-12-75m-in-defective-equipment-lawsuit/
- https://www.accessdata.fda.gov/scripts/cdrh/cfdocs/cfres/res.cfm?id=159161
- https://www.consumeralertnow.com/defective-devices/neuroblate
- https://www.medscape.com/viewarticle/894342?form=fpf