The complaint incorporates by reference the relevant portions of the Master Consolidated Complaint for Individuals on file with the Clerk of the Court for the United States District Court for the District of Minnesota in the matter In Re MEDTRONIC, INC., SPRINT FIDELIS LEAD PRODUCT LIABILITY LITIGATION.

According to the complaint, Lancaster received the Sprint Fidelis lead on May 10, 2007 at DCH Regional Medical Center in Tuscaloosa, Alabama. As a result of the lead, Landcaster suffered injury and damages.

On October 15, 2007, Medtronic suspended the sale of its Sprint Fidelis Defibrillator Leads after receiving reports of fatalities associated with the defibrillators. It was discovered that the Sprint Fidelis leads, or cables that connected to the devices, had fractured, causing the defibrillators to unnecessarily shock patients or fail to work all together. Since the initial recall, Medtronic has increased the number of fatalities associated with the faulty leads to 13.

Due to a Supreme Court ruling last year, manufacturers of medical devices that have been approved by the FDA are immune to lawsuits by victims harmed by those devices. Currently, consumer and patient safety groups are working to push the Medical Device Safety Act (MDSA), legislation that would restore the rights of patients who have been harmed by unsafe medical devices, such as Lancaster, to seek justice in state courts.

Read the complaint.

SOURCE: Sprint Fidelis Lead Recall › Alabama man injured by cardiac defibrillator sues manufacturer

The bill was introduced by Democratic Reps. Frank Pallone Jr. of New Jersey and Henry Waxman of California after a Minnesota federal district court dismissed lawsuits filed against Medtronic by 1,496 individuals harmed by their malfunctioning Medtronic defibrillators.

In 1997, Medtronic suspended the sale of many of its Sprint Fidelis Defibrillator leads after receiving reports of fatalities connected to the devices. The devices were found to have fractured, which caused them to unnecessarily shock patients or fail to work altogether.

The patient convergence in Washington, D.C., was accompanied by public service announcements that feature Don Hickey, who was shocked repeatedly by his Medtronic heart device after undergoing surgery. He later found out doctors replaced his defibrillator with the same, defective model. According to the law, he cannot sue the maker of his medical device.

Alternatively, the videoes also feature Diana Levine, who lost her arm from what she calls faulty labeling of a drug by its manufacturer. She successfully sued both her doctor and the drug company. The injustice she sees is that people, like her, who have been harmed by pharmaceutical companies, can seek justice in court, whereas individuals like Hickey who have been harmed by faulty medical devices, cannot.

“If you can’t hold a corporation responsible when a product with FDA approval hurts you, that’s like giving a corporation a license to hit and run,” Levine told The Minnesota Independent. “What’s really crazy is now there are two laws. The Supreme Court has said that people like me who are hurt by bad drugs can sue. But people like Don who are hurt by bad medical devices cannot. It’s time we finish the job. We need to all work together to pass the Medical Device Safety Act.”

SOURCE: Sprint Fidelis Lead Recall › Patients converge on Capital Hill for right to sue Medtronic

Medtronic defended the Minnesota judge on Friday, saying that “this is clearly an effort to remove a well respected judge following rulings the plaintiffs’ lawyers do not like.”

Richard H. Kyle, Jr., works for a Minneapolis based law firm with offices in the Midwest, China, and Mexico. Kyle’s bio on the firm’s website states that he is “a shareholder in [the firm's] White Collar & Regulatory Defense, Health Care Fraud & Compliance and Litigation Groups.”

The website also says that Kyle “is one of the top 40 criminal defense lawyers in Minnesota by the Minnesota Journal of Law and Politics.” Medtronic says that Kyle is not a part of its legal defense and has never represented the company.

Medtronic is the world’s largest medical device manufacturer. Its Sprint Fidelis defibrillators were removed from the market in 2007 because of faulty wires that shocked patients unnecessarily. The defibrillators are blamed for numerous injuries and deaths.

According to the Associated Press, Judge Kyle is “not aware of any formal attempt to remove him from the case.” He also said that that he felt no need to disclose his son’s relationship with the law firm because his son practices criminal law and “would not work with a company like Medtronic.”

Judge Kyle claims that he threw out the lawsuits against Medtronic because the company’s faulty devices had been deemed safe and effective by the Food and Drug Administration. The doctrine of pre-emption, a legal premise that took shape during the Bush administration, allows federal laws to trump state laws. Therefore, since the federal government said that the Sprint Fidelis defibrillators were safe, people harmed by them cannot turn to state law and thus have little or no legal recourse.

Which begs the question: if judges, politicians, and FDA regulators are all attached to big corporations, can the FDA’s stamp of approval on medical devices and drugs ever be trusted to protect the American people?

SOURCE: Sprint Fidelis Lead Recall › Judge tosses medtronic lawsuits, doesn’t disclose son’s ties

The lawsuits were filed against Minnesota-based Medtronic by Kenneth Carlile of Kansas City and Phillip S. Brown, a Johnson County resident.

The complainants contend that Medtronic was negligent in its design of electronic wires – known as SprintFidelis leads – that connect the defibrillators to patients’ hearts.

Medtronic in October voluntarily recalled the Sprint Fidelis wires because they can fracture, which causes them to give unnecessary shocks or not function at all. Medtronic said it had identified five patient deaths “in which a Sprint Fidelis lead may have been a possible or likely contributing factor.”

The Carlile lawsuit was filed in federal court in Kansas City and the Brown lawsuit was filed in federal court in Kansas City, Kan. Carlile received his implantation at the University of Kansas Hospital in November 2004, and Brown received his implantation at Menorah Medical Center in Overland Park in August. The hospitals are not defendants in the lawsuits.

Each lawsuit contains six counts, including allegations of negligence and failure to warn patients of problems with the Sprint Fidelis wires earlier.

Medtronic spokesman Rob Clark said the company did not comment on the specifics of litigation filed against it, adding that lawsuits could be expected when the company recalled products.

November 12th, 2007

SOURCE: Sprint Fidelis Lead Recall › Two men sue company over design of defibrillator

The 54-year-old Minneapolis woman has stared down a rare breed of late-stage cancer. And last year, she technically died after her heart stopped beating, but luckily her near-fatal attack occurred just outside Fairview Southdale Hospital in Edina.

She left the hospital with an implantable cardioverter defibrillator (ICD) made by Medtronic Inc. tucked inside her chest, a kind of medical-device insurance policy intended to shock her heart back into rhythm if she goes into sudden cardiac arrest.

“I have faced the darkest day,” she said recently.

But on Oct. 15, Lewis learned that Fridley-based Medtronic had pulled a key component of her defibrillator system, called a lead, off the market because it may fracture in the body. A lead is an insulated wire that connects the stopwatch-size portion of the device containing the battery to the heart.

“After all that I’ve been through, I just didn’t think it was going to be me,” she said.

Like many of the 235,000 patients worldwide implanted with Medtronic’s Sprint Fidelis lead, Lewis immediately called her doctor for an appointment.

She, and many others, have embarked on a series of phone calls to doctors and insurers that may prove confusing and frustrating.

All face similar options: Remove the leads — an often difficult surgery — and replace it with a new one. Leave the old lead in the body and snake a new one in the chest using a different vein. Or reprogram the defibrillator to new settings that may detect fractures.

That option would leave the leads in place, and they would have to be frequently tracked using sophisticated monitoring equipment.

Medtronic and the U.S. Food and Drug Administration (FDA) have advised patients to leave the leads intact. But for many patients, the choice isn’t so clear-cut. The potential rate of fracture is small, at 2.3 percent, but a risk nonetheless.

Lewis, a computer science graduate student at the University of Minnesota, didn’t like the odds of potential failure for her Medtronic lead. Plus, she already had experienced odd shocking sensations across her chest on several occasions before the lead recall, a possible indication that it may be defective.

When she asked her doctor at Fairview Southdale about having the lead removed, she was told that the Mayo Clinic was better equipped for the procedure, but that extracting it was considered an “elective” procedure, which meant she would have to pay for it.

Some major health plans in the state — including Medica, HealthPartners and Blue Cross Blue Shield of Minnesota — say they will cover the cost of replacing the Sprint Fidelis leads if that’s what the doctors order. Medtronic says that it will provide new leads free and cover as much as $800 in non-reimbursed medical expenses — but only if a lead is fractured. The device’s warranty doesn’t cover prophylactic removal, according to a company spokesman.

A few days after Lewis’ initial doctor’s visit, a scheduler from Mayo called to set up an appointment. “We’re not going to recommend that you replace it,” Lewis says she was told. Lewis couldn’t believe her ears — she hadn’t even seen the Mayo doctor yet.

The experience has left Lewis feeling whipsawed. “At this point, I just want them to turn this thing off,” she said.

The advocate

After the news broke on the Sprint Fidelis lead, Lisa Salberg sprang into action. As a defibrillator patient and founder of the Hypertrophic Cardiomyopathy (HCM) Association, Salberg is pressing for stepped-up surveillance of lead performance that is funded and conducted independently of the medical device industry. (Companies track the performances of their own devices.)

She presented her ideas this month to high-powered cardiologists at a major clinical meeting in Florida. She’s working with Dr. Robert Hauser of the Minneapolis Heart Institute Foundation — a whistleblower in the recall of Guidant Corp. defibrillators two years ago, and a diligent tracker of heart device performance — to set up a system that could spot potential problems in devices such as the Fidelis lead early on.

But Salberg, of Rockaway Township, N.J., is personally affected by the Sprint Fidelis news, too. Her 12-year-old daughter and 72-year-old father have HCM, a genetic heart condition — and both have implanted Sprint Fidelis leads.

“It was really hard to sit my 12-year-old down and tell her that she’s been recalled,” Salberg said. “But she took it really well.” If a lead is failing it will often make a beeping sound to alert the patient. This provided some angst for Salberg’s daughter, a middle-schooler.

“Will my ICD beep in the hallway at school?” she asked her mom.

For now, doctors will monitor Salberg’s daughter’s and father’s leads, but the watching and waiting is difficult, at best.

The fixer

Dr. Pierce Vatterott, a cardiac electrophysiologist with the St. Paul Heart Clinic, wasn’t terribly surprised to hear the Sprint Fidelis news.

In March, Medtronic sent a letter to doctors alerting them to the fracture problem, and reinforcing the proper way to use the devices. Vatterott and his colleagues had noticed a tendency of Sprint Fidelis leads to fracture well before the company stopped selling them.

The gregarious Vatterott is known in Minnesota — and beyond — as an expert in lead extraction. The most difficult and tricky cases often land on his and his colleagues’ desks.

Leads are sometimes hard to remove from the body because scar tissue tends to form over them. Doctors often use a special laser to take them out.

In a procedure that took nearly five hours at United Hospital in St. Paul last week, Vatterott extracted two (non-Fidelis) leads from a 59-year-old man and inserted two more, as well as a new pacemaker. Despite the difficulty and duration of the procedure, Vatterott was elated. “I’m pumped for this patient. He’s going to feel so much better,” he said.

“The Fidelis is relatively easy to take out,” Vatterott said. While the lead is thinner than most others on the market, it’s not as robust, he added. And, if it’s used on younger, more active, patients — which is often the case — more stress is put on the lead, occasionally causing it to fracture.

After the Medtronic news broke, patients and physicians began calling Vatterott’s office. So far, he’s extracted one Fidelis lead from a patient who requested that it be removed.

The recall news “scares patients,” he said. “It’s an unknown. They don’t know what it means.”

While a potentially faulty device is always alarming, Vatterott relishes the challenge of his unique specialty. “You have to be creative on the spot in these procedures,” he said. “You never know what will happen next.”

November 10th, 2007

SOURCE: Sprint Fidelis Lead Recall › A patient an advocate a fixer

The leads were implanted into hundreds of thousands of patients who are now at risk of serious injury if their Sprint Fidelis Lead malfunctions. All unused leads were recalled by Medtronic on October 15, although Medtronic is actually referring to the recall as a “voluntary market suspension.” Leads that have been suspended contain the model numbers 6930, 6931, 6948 and 6949 either by themselves or at the beginning of a longer model number. Patients who have defibrillators manufactured by Guidant and St. Jude may also have the Medtronic Sprint Fidelis Lead implanted in them and should consult their physicians to discuss their options.

Sprint Fidelis Leads that have already been implanted are not being removed because surgery to remove a fractured lead wire is risky and can cause tearing or scarring of the heart tissue and veins that house the lead. There is currently no test to predict whether or not a lead will fracture and malfunction, meaning that patients have no way of knowing whether their lead could stop working in the future.

Lawsuits have been filed against Medtronic alleging the company is responsible for causing injury to defibrillator patients. A class action lawsuit was filed on October 15 in Minnesota, seeking compensatory, injunctive, equitable and declaratory relief. The plaintiffs claim that Medtronic misrepresented and concealed the safety and possible defects of its Sprint Fidelis Leads in order to protect profits. The suit also seeks relief for unjust enrichment and medical monitoring.

According to a letter from Dr. Sidney M. Wolfe of Public Citizen to the US Food and Drug Administration (FDA), more than 1,600 injury reports were filed over the past two years, with more than 750 reports listing “inappropriate shocks” as being received by the patient. One of the patients in the Minnesota lawsuit alleges he received 47 unnecessary shocks from his defibrillator because of the faulty wires, resulting in surgery to remove the defective lead.

The letter also notes that the Minneapolis Heart Institute contacted Medtronic in February 2007 about problems related to malfunctioning leads. An article by researchers at the Minneapolis Heart Institute compared lead failures in Medtronic’s Sprint Fidelis and Sprint Quattro models. The study found that the Sprint Fidelis Lead had a higher risk of fracturing than the Sprint Quattro. In fact the Heart Institute was so concerned about defective lead wires that it stopped implanting them in January 2007.

The Sprint Fidelis Lead is actually a wire that attaches the Medtronic defibrillator to a patient’s heart. It works by administering a corrective electric impulse to the heart in patients who have abnormal heart rhythms. However, the leads are prone to fracturing which can cause them to malfunction, resulting in them not delivering a shock when necessary or delivering a series of painful shocks when not necessary. Either situation can be fatal.

There is some concern that young adults and children are at a greater risk of lead fracture because the Sprint Fidelis leads are a smaller diameter than other products and were used frequently in younger patients. Patients who are more active may put additional stress on the Fidelis leads.

If you are concerned that you have been implanted with a Sprint Fidelis Lead, check your patient card that identifies which implanted devices you have. If you do not have a patient card, or are still uncertain as to what devices were used, contact your doctor for more information.

October 30th, 2007

SOURCE: Sprint Fidelis Lead Recall › Patients concerned about Medtronic Sprint Fidelis leads