Boston Scientific settles some suits from Guidant buy

Jul 21, 2007 | Posted by: roboblogger | Full story: Mass High Tech

Mass High Tech: The Journal of New England Technology - 10:49 AM EDT Monday, July 16, 2007 Boston Scientific Corp. via Mass High Tech

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21 - 40 of 2,318 Comments Last updated Feb 11, 2014
Mary

Odenton, MD

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#21
Nov 25, 2007
 
Hello everyone, I have received a letter from my attorney telling me we should have a proposed settlement amount in about two weeks… I recently read that it would probably be split into four categories.. Death by device, extraction with complications, extractions with out complications and last but not least, non-extraction…….
I feel this is coming and it will help a great many of that have suffered the pain and loss….. But it doesn’t fix the problem.. My family is falling apart; it was our third Thanks Giving with out my Dad. My mother is so depressed all she dose is sit around and pick at her nails… and yes she is in therapy…. But I’m tired of trying to hold everything together… we were not prepared financially or emotionally for his death. We went to the Dr. on Thursday met with the Guident Rep were assured everything was alright went home had dinner, went to bed he never woke up again…. MY DAD WAS 65 year’s young….. Yes the settlement can bring the financial relief we need if it is enough but the thought of this company and the CEO’s that knew it was defective, getting away with murder blows my mind… I was wondering dose anybody else feel the same way….
kyman

Taylorsville, KY

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#22
Nov 26, 2007
 
Mary,
The FDA criminal investigation unit was said to be involved according to this NY Times article:
http://www.nytimes.com/2005/09/29/business/29...
I wonder if that is going forward.
I feel for your family and don't think the company should get off so lightly. My pacemaker became stuck in maximum pacing mode(approx 120 beats per minute). No amount of money can replace
your father as the same holds true for the stress my family went through. My son, 12 years old at the time had to be picked up from school by my parents, usually done by me. He later told me when he saw them the first thought he had was "dad is dead". What kind of price can be put on that? For me it is not about the money but to hit a greedy company the only place they understand--in the pocketbook.
I will be praying for your mother and family.
samira

Edmonton, Canada

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#23
Nov 26, 2007
 
Mr Jody mcmillan wrote:
I NEVER GOT ANY INFORMATION FROM ANYBODY TO LET ME KNOW THAT IT WAS RECALLED!" Throughout my visits to the hospitals each medical professional, thought I was just anxious and over sensitive. They put their trust in Guidant instead of taking care of my symptoms. I was prescribed morphin and percoset for the pain and anti-depressent to calm me for the "anxiety" ALL of which could have been avoided if a timely recall was issued instead I experienced tremendous humiliation and frustration that my symptoms were "ALL IN MY HEAD" I have no choice but to trust Guidant with my Life! Do to the fact I cannot survive without a pacemaker! It is tremendously overwhelming to have experienced near death do to the faulty device. I feel I have been let down by Guidant Corporation that I have trusted with my life!
Still to this day, I suffer a great deal such as ......Trusting this company with their make of pacemakers that i use now or in the future if it would be recalled as well! Many scars on my body that remind me of such tragedy. When replaced the old for the new they could not take out the wires leaving them capped off and left in. Opening my chest on the other side of my body placing new wires and pacemaker. I feel as if I have no way of knowing what lies ahead as of leaving so many capped off wires in my body! To my understanding you can only fill a hole with so much that you can't fill it anymore, as like a glass of water until it flows over. The pacemaker that has been recalled and removed was to last 10 years! It was only in me for 1 1/2 years and should of been out of me before that. But no one would believe me until the last minute.
Here is an example of my pain and suffering. As you are all aware about the bridge in Minneapolis coming down, 1st my heart and prayers goes out to all the families that have suffered, 2nd as you all are aware Bridge inspectors say that the bridge was UNSAFE but the people in MN where not aware!!! Until tragedy struck without warning.
Just as Guidant Corporation knew of thousands upon thousands of pacemakers and defibrillators having major malfunctioning defaults that cause serious injury and sad to say Death! As well as the patients that had such devices going through life believing the devices was performing to their expectations until people experiencing problems being unaware of any recalls, until the last minute.
Through my research Guidant is a 27.8 Billion dollar industry. I believe they didn't inform patients due to the pacemaker stocks. As I read online through my research.
To me the heart is "priceless" can't be bought with any price. And it is insulting from a well known company that is worth 27.8 Billion to settle in court for $195 Million dollars.
We the people with the pacemakers have suffered while Guidant made Billions through our tragedy as well as life saving.
I Jody D. McMillan Is a 30 year old male and has a pacemaker since the age of 17 years old due to a congenital birth defect, I put my trust in having this pacemaker put in from my Dr. to give me longer life. I feel I have been let down!
Thank you for taking this time and listening to my story.
Sincerely yours
Jody.D.McMillan
(From a girl named samira:After reading wat happend 2 u,I feel really sory,and I would never want that 2 happen 2 me.)
samira

Edmonton, Canada

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#24
Nov 26, 2007
 
Mr Jody mcmillan wrote:
I NEVER GOT ANY INFORMATION FROM ANYBODY TO LET ME KNOW THAT IT WAS RECALLED!" Throughout my visits to the hospitals each medical professional, thought I was just anxious and over sensitive. They put their trust in Guidant instead of taking care of my symptoms. I was prescribed morphin and percoset for the pain and anti-depressent to calm me for the "anxiety" ALL of which could have been avoided if a timely recall was issued instead I experienced tremendous humiliation and frustration that my symptoms were "ALL IN MY HEAD" I have no choice but to trust Guidant with my Life! Do to the fact I cannot survive without a pacemaker! It is tremendously overwhelming to have experienced near death do to the faulty device. I feel I have been let down by Guidant Corporation that I have trusted with my life!
Still to this day, I suffer a great deal such as ......Trusting this company with their make of pacemakers that i use now or in the future if it would be recalled as well! Many scars on my body that remind me of such tragedy. When replaced the old for the new they could not take out the wires leaving them capped off and left in. Opening my chest on the other side of my body placing new wires and pacemaker. I feel as if I have no way of knowing what lies ahead as of leaving so many capped off wires in my body! To my understanding you can only fill a hole with so much that you can't fill it anymore, as like a glass of water until it flows over. The pacemaker that has been recalled and removed was to last 10 years! It was only in me for 1 1/2 years and should of been out of me before that. But no one would believe me until the last minute.
Here is an example of my pain and suffering. As you are all aware about the bridge in Minneapolis coming down, 1st my heart and prayers goes out to all the families that have suffered, 2nd as you all are aware Bridge inspectors say that the bridge was UNSAFE but the people in MN where not aware!!! Until tragedy struck without warning.
Just as Guidant Corporation knew of thousands upon thousands of pacemakers and defibrillators having major malfunctioning defaults that cause serious injury and sad to say Death! As well as the patients that had such devices going through life believing the devices was performing to their expectations until people experiencing problems being unaware of any recalls, until the last minute.
Through my research Guidant is a 27.8 Billion dollar industry. I believe they didn't inform patients due to the pacemaker stocks. As I read online through my research.
To me the heart is "priceless" can't be bought with any price. And it is insulting from a well known company that is worth 27.8 Billion to settle in court for $195 Million dollars.
We the people with the pacemakers have suffered while Guidant made Billions through our tragedy as well as life saving.
I Jody D. McMillan Is a 30 year old male and has a pacemaker since the age of 17 years old due to a congenital birth defect, I put my trust in having this pacemaker put in from my Dr. to give me longer life. I feel I have been let down!
Thank you for taking this time and listening to my story.
Sincerely yours
Jody.D.McMillan
(Ok,i would start to cry if i read any further,so i wount,but reading this let's me know how some other people feel)
Mary

Pikesville, MD

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#25
Nov 29, 2007
 
thank you all for letting me vent
Foxx Connor1998

AOL

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#26
Dec 3, 2007
 
Yep, got my letter saying they had increased it to 240 million for 8550 people. Starting at the top of the list will be ExPlants such as myself and on down the line. Also says I don't have to accept what is offered.

The court date was set in Minneapolis to take Guidant to trial if they refused to up their numbers. When Boston Scientific bought Guidant they put aside 732 Million to cover these issues.I am not sure if the date is still firm or whether they'll take this amount but the court date was January 11th. I'll give my attorney's office a call tomorrow and see what they say.
kyman

Taylorsville, KY

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#27
Dec 3, 2007
 
Foxx Connor1998,
Thanks for the update. Please let us know what your attorney says.
Vick

Mcminnville, TN

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#28
Dec 9, 2007
 
I am also part of the litigation. I lost my mom in August of 2004 and to me she seemed more like their guinea pig than anything else. The first time she had the defiberillator put in then later a third lead wire was put in and after that she was never the same. We live 45 mins. away from the hospital and one time when I had to get her over there she had 14 episodes before we got to the hospital and when they hooked her up to the computer they couldn't believe that she had lived through them. I just wonder if any of the Guidant people have any family members with these devices in them. No amount of money can replace her and I only wish she could be here to enjoy any settlement that we might get(but I'm not holding my breath.) I would gladly give it all back to have her here. As far as hearing anything from lawyers. I can't even get mine to e-mail me to let me know what is going on. I have learned more right here than I have anywhere so keep the info. coming I'll be back.
Mary

Columbia, MD

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#29
Dec 22, 2007
 
has anyone heard anything???????
Kimberly Zemke

Stephenville, TX

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#30
Dec 28, 2007
 
My father had a guidant pacemaker and he was
very ill and passed away and noone has ever
been able to tell me if it was definately NOT because of the pacemaker but his was a recall on the list. The attorney has told us NOTHING even though I did all the work gathering his medical paperwork I am sure they will TAKE all the money and my mother NEEDS that money, I am helping her out financially and she has never gotten over losing my father. I wish one of the attorneys would contact us we were told we would get a settlement by Christmas about six months ago and we have heard NOTHING! I guess the lawyers meant THEY WOULD GET A SETTLEMENT!
Thanks
God Bless You All
Kimmy
Elizabeth

Union, MO

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#31
Dec 28, 2007
 
Finally my Attorney offered a settlement so low that I was totally shocked.Low offer and the fees were not yet deducted. He tried to make some excuses about it, saying that my spouse could have had a new device. His Doctor warned of the risks and at his age it could be dangerous. So who is the lawyer working for.? My Husband is thinking of not accepting the offer but does not know where to proceed? If a lot of people did not accept there should be a better offer?.Any help out there?
kyman

Taylorsville, KY

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#32
Dec 29, 2007
 
Elizabeth,
Did your husband's pacemaker malfunction? I assume from your post he did not have it replaced?
It may not be right but from what I have read this would put him at the bottom of the list. As absurd as it sounds,I believe I read in one of the transcripts from the trial,one of Guidants lawyers compared having a pacemaker on the recall list that did not have problems and not having it replaced to an automobile brake recall on a vehicle that did not have problems. More or less no harm no foul.
Mary

Odenton, MD

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#33
Dec 31, 2007
 
when was an offer made to you? I have heard nothing....is your attorney handling more than your case??? how low is low, 240 million divided over 8000+ cases is not alot....please let me know. Also Kyman where can I get copies of the transcripts.... I heard that guident settled the federal case... anyone eles here this????(basic slap on the wrist) Mary
Mary

Odenton, MD

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#34
Dec 31, 2007
 
Kimmy,did you turn the pacemake over to guident or did you have it keep somewhere elese within the chain of custody. when my father died guident had a represenative at the funeral home to collect the device.....we had the medical examiner keep it until the lawyers sent it to be interogated... if it was interogated you should get a report.....I feel your pain my sistuation is very much the same....Hang in there Mary
kyman

Taylorsville, KY

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#35
Dec 31, 2007
 
Here is a link to the transcripts.
http://www.mnd.uscourts.gov/Guidant_Mdl/trans...
Mary

Odenton, MD

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#36
Dec 31, 2007
 
thank you
Joe Mcmillan

Elmira, NY

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#37
Jan 2, 2008
 
The lawyers settled we didn't I thought it's about us, Looks like it's all about them. we should go to the media with this Just can't believe that a company that makes heart devices can be so heartless.
Brian from Canada

Canada

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#38
Jan 2, 2008
 
Kyman - thanks for the link to the transcripts. Read with lots of interest but find that it tells you nothing about the settlement offer. Does anyone have any info on the offer? Also does this settlement cover non-residents outside the US? Anyone have comments?

Thanks

Brian
hshkolnik

New York, NY

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#40
Jan 8, 2008
 
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.
hshkolnik

New York, NY

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#41
Jan 8, 2008
 
Brian

This settlement does not cover Canadian claimants. A seperate case has been filed in Canada and that case has not yet settled.

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