Settlement in Guidant case swells to $240M

NATICK, Mass. -- Boston Scientific Corp. has agreed to pay an additional $45 million to settle heart patients' claims involving potentially faulty defibrillators.

[polkaann1]

the settlement is a real joke. the judge and the layers should be ashamed of their selves

[nesman]

The lawyers and the judge in this case screwed everyone,just to fill their own pockets.If everyone rejects the offer and opts out,we will show them we will not stand for their greed and incompetence.Their is power in numbers.

[liG]

I AGREE 120% REJECT OFFERS THEY ALL SCREWED THE PLANTIFFS WE ALL MUST STAND TOGETHER CALL NEWSPAPERS TV News local and national. Its not right and we the people must say no to the LCC and stand together aganist Guidant.

[tel it like it tis]

me too

[Hshkolnik]

I have read many of your posts here and see that there is alot of misinformation about the settlement. More accurate information can be found at www.guidantsettlement.com where the court appointed Plaintiff's Steering Committee posts up to date information and also maintians a valuable question and answer page.

As an attorney who has been involved in this litigation from its inception I think it is important to advise you to contact your lawyers for accurate up to date information to allow you to make an informed decision.It is also important to mention that a case recently argued before the United States Supreme Court very likely will result in a decison that may have a major impact on the viability of these cases. This is also something you should discuss with your lawyers if you have not already done so.

Although the settlement now covers about 8550 claimants many of the additional cases do not involve recalled devices and will not warrant any payment over $500.00. There are a small number of deaths cases where the cause of death was a failed device and those will be covered by payments out of an Extraordinary Injury Fund (EIF) to be determined by the United States Magistrate Judge appointed as the special master. Please note many people die with a device that does not discharge and that does not mean the device was defective.

The majority of the cases in the plan that will receive payment are either early explants or non explant cases. Most claimants who have had early replacements without complications will receive payments in the range of $30,000.00-45,000.00. Those with complications will receive the base payments plus be eligible for EIF awards. Those who have not undergone early explant will receive payments in the $5000-7500 range unless the replacement could not be done because of a document medical reason.

Most lawyers have not sent out any award letters because the settlement allocation plan has not been finally approved yet. When this occurs I am sure your lawyers will be sending out letters.

I strongly recommend that you contact your own lawyer to discuss the settlement.

[paced4life]

I have one of the recalled Guidant 1298 pacemakers and I have never received anything from Guidant except one letter a long time ago telling me to do nothing... I have been having complications with my pacemaker. Can I sue Guidant?

[Pissed Off in California]

I can understand the frustrations and concerns of individuals posting here as there are reasons why discontent, even outrage are appropriate responses. Many don’t get communications from, or are not kept in the loop by attorneys representing them. Can anyone answer why that is? Was any explanation offered on how the settlement got to a conclusion which seems biased on behalf of the defendant? Why was Guidant permitted, after-the-fact, to include the remaining product line of devices, all outside the scope of recall? Who does that ultimately benefit?

Here is some disturbing (to me) information pulled from the Journal of American Medical Association (JAMA) files of various studies of pacemaker and ICD reliability and malfunction.

-“..despite millions of implants worldwide and their increasingly frequent use, surprisingly little is known about device reliability.”(2)
-“..because of underreporting of device malfunctions by clinicians, it can be difficult to determine the true incidence of device malfunction...This has limited accurate determination of pacemaker and ICD malfunction rates.”(1)
-“..after a decade of significant improvements in ICD reliability through the late 1990’s, the ICD malfunction rate increased more than 4-fold from 1998 through 2002.”(1)
-“Although malfunctions had to result in device replacement in order to be counted, the true clinical implications of these procedures and of device malfunction that did not require device replacement is unknown. In addition, malfunctions that my have resulted in death are notoriously underreported…”(1)
-“A death was attributed to device malfunction only if it satisfied all of the following criteria:(1) the death was witnessed,(2) the device was observed to malfunction and immediately lead to the patient’s death,(3) the device was explanted, and (4) the device was confirmed by the manufacturer to have malfunctioned. Death reports due to unconfirmed device malfunction were not considered to be due to device failure.”(2)
-”..it is likely that additional unwitnessed deaths were also due to device failure.”(2)
-“Nearly one third of surveyed Heart Rhythm Society physicians reported that they would replace an ICD if the device had a 1 in 10,000 chance of failing. Yet, according to Guidant, a 1 in 10,000 failure rate exceeds the reliability of all known ICDs.”(3)
-“The observed device failure rate will always be an underestimate of the true malfunction rate due to underreporting and patient deaths from unrecognized malfunction.”(3)

Though Guidant accepted responsibility for a small number of deaths due to product flaws, the information above and from other reports studied, it seems apparent to me the actual number of device failures resulting in patient harm, whether re-implantation or death, is vastly greater; is undeterminable and likely never be known. A long running failure of an entire interdependent system, from device manufacturers, to regulators, to medical professionals can be held responsible for what has brought us together (notwithstanding the unlawful acts of Guidant individuals). Ultimately, as consumers and patients we should and can be vigilant of our own safekeeping, and demand transparency, diligence and accountability from those in whom we must entrust our wellbeing. This might be a good place to start.

(1)JAMA, April 26, 2006-Vol 295, No. 16 (1929)
(2)JAMA, April 26, 2006-Vol 295, No. 16 (1901)
(3)JAMA, August 24/31, 2005-Vol 294, No. 8 (955)

[Tammy]

I have been awaiting this"award" letter for weeks! My father passed away in 2003 from a faulty difibrillator,now I am here waiting and waiting for answers.The lawyers do NOT keep us in the loop. They just say you'll be hearing from us soon.I know I'm going to owe them fee's when this is all over ,but how can I be sure that they have been putting the time in to my case when they have 8500 cases???

[kyman]

Tammy,
The fee(typically 30%) apparently is on top of the 44 million the lawyers receive for their court related costs. It is up to the Special Master to decide how much of the 44 million each lawyer should get after reviewing their records.

[kyman]

Also, I think they are keeping us informed. They just don't know anything yet.

[FoxxConnor1998]

I can say that everytime something new happens I receive a letter from my attorney. I am in Minnesota. I am not sure how I feel about all of this, other than I am lucky to still be here having this discussion.

[FoxxConnor1998]

Okay folks, I hope you read this. With the Supreme Court decision that was handed down it boils down to us either accepting the amount we're offered( no matter how sad it will be) or loosing our chances.
If 95% of the 8550 litigants don't accept their money then the agreement becomes null and void. With the new Supreme Court Decision in place, you would have a rat's ass of a chance to win going after Medtronic/Guidant again in the future.
What the Supreme Court said basically is that since the FDA approved the devices then we have no right to go after the companies if they fail. Guidant's ICD was NOT a part of this HOWEVER- many other cases are now being rethought out from hip replacement devices to heart stents. Judges are already notifiying attorney's on the validity of their cases.
I know it's crap but it looks like it's all we have. So take your lumps and your settlement and enjoy it. It's more than we have right now and for those of you who lost loved ones I am so sorry. But personally I don't believe you can put a monetary number on a person's life nor is any amount of money going to bring your loved ones home again. As I write this I am looking into the face of my departed Baby Grandson who was just 9 months old. Nothing will bring him back even though I have tried bartering with God. It just doesn't work.
I wish you all the best. Let's take out money and do good things- things that make you smile. Don't let them defeat our spirits.

[kardav2]

my husband received one of their pacemaker/defibs back in Sept 2006 by Dec 2006 he passed away in his sleep. In that three month period his device zapped him five or six times for no reason and when he really needed it the battery was already depleted. I contacted an attorney after his doctor called me wanting to know what happened and asked for my permission to take the device from my husbands body.

[Outraged]

This settlement without doubt favors and protects Guidant, makes the attorneys richer and victimizes once again the victims. We are not going to participate in this insulting agreement and we hope the majority of claimants will not as well.

[Grieving]

I can not believe what I am reading. My father received one of the recalled Guidant devices in 2003, he died less than 30 days from the device being implanted. He was 53 years old. My mom received a call from her lawyer that she has been offered $7500. Is this a joke. For the person that said that you can't put a value on someone's life, I can say this - this is an insult. My mom has had to re-enter the work force, she works over 60 hours a week and has had to sell her home of 35 years! I will be giving birth to my first child in a few short weeks and she will never know what an incredible man my father was.$7500, I don't think so. I am so insulted. I encouraged my mom to take legal action on this because I was certain she would at least be taken care of financially, but I am soooo disappointed in what has taken place here. There has to be something to do, I will continue to fight this!

[Concerned]

I just spoke with representatives from Boston Scientific and they said there were absolutely no reports or problems with their devices. Then I found this forum and realized I was just lied to. My father's defibulator was bad and now he has passed away. Can anybody tell me if I have any options? Is there a class action suit and is it too late to get on board? Does anyone have any advice?

[Tamerton]

Concerned
Go to the other forum ,you will find much advice there !(Boston Scientific settles some suits from Guidant )RE.... Other Recent Guidant Discussions .

[Don1956]

This settlement is a slap in the face from big business, judges, and lawyers. I was put in danger, and still have this defective device in me "protecting" me. LOL- how many nights of sleep have I lost over worrying about whether or not its gonna work when I need a defribillator? TOO MANY!! To add a Cherry on top.. the lawyers I'm paying 40% of my settlement to, never have answers, and are constantly rude, and act like there doing me a favor by returning a phone call!! We really need to stand together, and reject this settlement, and hopefully teach them a lesson the only way they will learn- by messing with their BANK STATEMENTS!!!

[Don1956]

does anyone know how much the settlement is even for my lawyer wont even tell me, I rejected it anyways but just to know?

[jack ohio]

nesman wrote:

The lawyers and the judge in this case screwed everyone,just to fill their own pockets.If everyone rejects the offer and opts out,we will show them we will not stand for their greed and incompetence.Their is power in numbers.

true.but how only a few well do this.