Our medical device lawyers obtained a settlement in the amount of $5,125,000 on behalf of a 54-year-old university teacher who underwent treatment with a surgical device, recently designed and introduced on the market, to treat gastroesophageal reflux disease (also known as heartburn). The surgery was to be “minimally invasive,” but instead the medical device caused significant burning and scarring of our client’s esophagus.
She went on to suffer esophageal rupture, sepsis and major organ failure and lapsed into a coma. The maker of the device claimed that it could not be sued because the device had been approved by the Food and Drug Administration. Our attorneys prevailed on a motion for summary judgment in the trial court, and the case was then resolved by way of settlement just before trial.