Patients and their family members are filing surgical stapler lawsuits because these surgical devices are reportedly causing serious injuries, including internal bleeding, organ damage, and death.
Surgical staplers are surgical devices commonly used in surgeries to close wounds, lacerations, and incisions, as well as connect internal organs. Basically, surgical staplers are used in place of sutures and are said to cause less pain than stitches.
The vast majority of surgical staplers used in hospitals in Florida and across the country are manufactured by Ethicon, Covidien, and Intuitive Surgical, Inc. Surgical staplers, which are also known as wound and skin staplers, appear and operate like the ones used in an office.
Contact our product liability attorneys at Ged Lawyers, LLP if you or your loved one suffered a serious or life-threatening injury due to the use of surgical staplers. Our knowledgeable attorneys will evaluate your case for free to determine if you can file a surgical stapler lawsuit to recover damages.
Why Do Patients File Surgical Stapler Lawsuits?
According to the Food and Drug Administration (FDA), there were more than 41,000 device reports for surgical staplers from January 2011 to April 2018. Of these, 9,000 reports revealed severe injuries in patients and 366 deaths.
However, surgical stapler malfunctions, injuries, and deaths may be underreported. The most common reasons patients file surgical stapler lawsuits include:
- The use of improper staple size for a specific type of surgery
- The stapler is not firing staples
- The stapler’s misfiring or failing to work as intended
- Staple line leaks, which is an internal leak or opening that occurs along a staple line
- Malformation of staples
- Misuse of surgical staplers
- Defective design of the stapler
What are the Most Common Surgical Stapler Injuries?
The above-mentioned malfunctions and other types of surgical stapler misuse cause the following types of injuries:
- Internal bleeding
- Organ damage
In addition, surgical staple malfunctions can lead to severe complications, which may require additional medical procedures.
What Damages Can You Recover in a Surgical Stapler Lawsuit?
Plaintiffs who file surgical stapler lawsuits can be divided into two categories:
- Patients who suffered serious injuries, disabilities, and complications due to the use of surgical staplers; and
- Surviving family members filing a wrongful death lawsuit after a patient died due to the use of a surgical stapler.
Depending on whether you are filing a surgical stapler lawsuit due to your own injuries or the death of your loved one, you may be able to recover the following damages:
- Medical bills (both past and future)
- Lost wages and loss of earning capacity
- Diminished quality of life
- Punitive damages
- Pain and suffering
- Funeral and burial expenses
- Loss of companionship
Those are not the only types of damages that may be available in your surgical stapler lawsuit. Discuss your specific case with a Boca Raton product liability lawyer to determine what compensation you may be entitled to and help you fight for the maximum compensation on your behalf.
Schedule a free case review with our attorneys at Ged Lawyers, LLP, to discuss your legal options. Call 561-995-1966 or complete our contact form.