Barclay Damon
Barclay Damon

Lawsuit Settlement Compensates Man Who Exposed Medical Device Fraud

A Vietnam War veteran with three Purple Hearts suffered a heart attack in his 50s and, after undergoing bypass surgery, received an implantable cardioverter defibrillator to shock his heart if it experienced abnormal heart rhythms. Instead, the device unnecessarily delivered massive shocks to him on two occasions, with the potential for further heart damage.

The man researched the defibrillator and its maker and discovered the company had modified the design several times, after getting notice of malfunctions and did not alert government regulators or the medical community. He reported the problem to federal regulators and then filed a whistleblower lawsuit against the maker of the defibrillator.

Our attorneys represented the whistleblower and, as lead counsel, successfully overcame efforts by the maker of the defibrillator to have the case dismissed.

After years of effort, the whistleblower’s lawsuit was settled for a total of $30 million. As a relator in the matter, our client received a total settlement of  $3.25 million.

 

For More Information on Barclay Damon's Torts & Products Liability Defense Practice Area:

Thomas Cronmiller

p: 585-295-4424

f: 585-295-8405

icon_emailtcronmiller@barclaydamon.com

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