Defective Surgical Stapler Lawsuit

Surgical staplers are tools that use staples instead of stitches in at least 100,000 operations each year. Due to the frequent use of surgical staplers, defective surgical staplers can lead to large numbers of injuries and deaths.

In a review conducted by the Food and Drug Administration (FDA), there were over 100 deaths and 2,100 injuries that resulted from defective surgical staplers.

What Is a Defective Product?

Defective products are products that have some type of issue that makes them unreasonably dangerous to consumers. Often, these imperfections are in the design or the manufacturing of the product.

The dangerous nature of these imperfections may result in physical harm. Claims that involve defective products typically fall into one of three categories:

• Defective design: A design defect means that the product was manufactured correctly but that there is an error or defect in the design of the product that made it dangerous to consumers;
  • Cases of design defects often involve claims that the defendant did not use a “reasonable design alternative” that was less dangerous and economically feasible;
    • For example, a design defect may involve a car that has a tendency to flip over when turning sharp corners, children’s toys that contain choking hazards, or an electric blanket that can electrocute the user when the temperature is turned on high;
• Defective manufacturing: The product was properly designed, but something occurred in the manufacturing process that caused a flaw in this individual product;
  • In cases of defective manufacturing, the defective product in question would be considered “dangerous beyond the expectation of the ordinary consumer;”
  • A company may initiate a product recall once they are aware of the possibility of manufacturing defects;
    • An example of defective manufacturing may include cough syrup that has been contaminated with foreign objects in the factory; and
• Insufficient or inadequate warnings: All products have to come with clear and complete warnings of any dangers associated with the product that may not be immediately apparent. Inadequate warnings may be considered a design defect if they do not warn consumers of the dangers of using the product;
  • For example, a prescription drug has to come with information about:
    • Drug interactions;
    • Side effects;
    • Other warnings.

What Is Product Liability?

Product liability refers to a manufacturer, retailer, or seller of a product being held liable for allowing a defective product to reach consumers, regardless of any consumer’s own negligence. Laws governing product liability determine what particles can be held responsible for defective or dangerous products.

All of the parties who are involved in the distribution chain can be held liable for product liability. The state laws governing product liability claims tend to vary.

There are commercial statutes in every state that are modeled after the Uniform Commercial Code (UCC) that contains warranty rules affecting product liability.

How Can a Surgical Stapler Be Defective?

There are several examples of incidents that may be associated with the use of surgical staplers, including:

• Staples failing to close around the tissue of the patient;
• Staplers failing to release the staples;
• Staplers getting stuck on the patient’s tissue when fired, requiring surgeons to cut away tissue so the stapler can be removed.

A defective surgical stapler is a surgical stapler that may have a defect in its design and manufacture.

What Happens When a Defective Surgical Stapler Is Used?

In cases when the staples do not properly close or are not released, a patient may experience leaking of fluid or blood, which can result in the death of the patient.

If a staple gun becomes attached to tissue, it may require more invasive surgery, and will likely involve greater risks and a longer recovery time.

Who’s Responsible for Defective Surgical Staplers?

Manufacturers of surgical staplers are responsible for ensuring their product is free from defects both in their design and in their manufacture. One company that has produced many surgical staplers in use today is Tyco.

In cases where the issue or injury is caused by a defective surgical stapler, the injured individual may be able to file a product liability claim to recover compensation for their injuries.

Is There Anyone Else Who Could Be Responsible?

Yes, there are other parties who may also be held liable for a patient’s injuries when a defective surgical stapler is used. Any medical provider who contributed to the individual’s injuries may face a medical malpractice claim.

The following professionals and entities can commit medical malpractice:

• Doctors: If the doctor’s conduct deviates from the commonly accepted standards of practice, they may be held accountable;
• Hospital staff: The hospital may be held liable for inappropriate care or inadequate training of healthcare staff;
• Nurses or other medical staff: The nurse or other medical staff who attended to the patient may be held liable if they contributed to the patient’s injury.

Under the legal theory of respondeat superior, a hospital may also be held liable for the patient’s injury. Under this theory, an employer may be held liable for its employees’ negligent behavior if that employee acted to the extent of their employment at the time of the negligence.

The employer may be required to pay damages, including punitive damages. In order to be successful, medical malpractice negligence claims must meet the following criteria:

• Injury: The patient was injured due to the doctor’s or healthcare provider’s negligence. This is very often difficult to verify because an individual was likely not in the best health when they initially went to the doctor, and they lacked the medical knowledge to verify the injury connection;
  • Because of this, the individual will most likely need an expert witness to testify on their behalf to prove that the doctor’s acts or inactions caused the damage;
• Negligence: The doctor’s or health care provider’s carelessness;
  • The individual must demonstrate that the medical service falls short of the “accepted standard of care;”
    • The standard of care test is what a reasonable healthcare provider in the community would do in similar circumstances; and
• Statute of limitations: The time period within which an individual must file a claim must not have passed. Depending on the jurisdiction, the time restriction for filing a medical malpractice lawsuit may range from one to seven years.

Providing a medical malpractice case can be complex and require expert testimony. A medical malpractice lawyer is best suited to handle these types of cases to help ensure the injured individual obtains compensation.

Are Class Action Lawsuits Available for Faulty or Defective Products?

In cases where there have been a large number of individuals that were affected or injured by the same defective product, they may be able to file a class action lawsuit. If the members of the group were injured in the same manner by the same product and the legal and factual issues in each case are the same, it may be more efficient to participate in a class action product liability lawsuit.

It is important for an individual to consult with an attorney before joining a class action lawsuit, as it may affect their ability to obtain compensation.

I’ve Been Injured by a Surgical Stapler, Do I Need A Lawyer?

If you have been injured by a defective surgical stapler, it is important to consult with a defective products lawyer as soon as you can. Your lawyer can examine the facts of your case and determine whether the surgical stapler may have been defective.

If you believe your doctor was negligent in your case, a medical malpractice lawyer can advise you of the laws in your state and the remedies that may be available to you.