Money Damages Surgical Stapling Injuries
Surgical stapling is a common procedure in the medical industry, but the results can be devastating when it goes wrong. Injuries caused by surgical staples often require extensive medical treatment and can lead to lifelong disability. Patients may seek damages in a lawsuit against the manufacturer of the surgical stapler or the operating doctor.
According to the U.S. Food and Drug Administration (FDA), from 2011 to 2018, there were 41,000 reports regarding the use of surgical staplers. The report further indicated that there were 32,000 surgical stapler malfunctions during the period. There were 9,000 severe injuries and sadly, a full 366 people had lost their lives due to surgical stapler injuries.
If you or a loved one has been injured by a surgical stapler, you may be entitled to money damages. A mass tort lawsuit attorney can help you pursue compensation for your injuries, medical expenses, pain and suffering, lost wages, permanent disability or disfigurement, and costs of future medical care
What Is a Surgical Stapler?
A surgical stapler is a device used during surgery to seal off blood vessels and incisions, most commonly in a patient’s stomach or chest. The device typically consists of two plates with a row of staples, with a handle at the top that holds the staples before they are squeezed together by the user.
The staples are applied to the skin and closed with a press of a button. Surgical staplers are often used instead of stitches, which can be time-consuming and require more skill.
What are Examples of Surgical Stapling Problems?
Surgical stapling is a popular choice in the medical world. Unfortunately, it is prone to problems and patients have been injured. Some of the most common injuries caused by surgical staples include:
- Cuts and lacerations
- Excessive bleeding
- Nerve damage
- Organ damage
Injuries caused by surgical staples can be painful and debilitating. They may require extensive medical treatment and lead to lifelong disability. However, if you or a loved one has been injured by surgical staplers, you can sue the doctor and the hospital.
What Injuries are Commonly Claimed in Surgical Stapling Lawsuits?
When a surgical staple is used to close a wound, it’s supposed to do so securely and without causing any further damage. Unfortunately, that is not always the case. Surgical staples can malfunction, forcing doctors to reopen wounds or causing other serious injuries. If you or a loved one has suffered injuries as a result of a defective surgical staple, you may be able to file a lawsuit.
Some of the most common injuries claimed in surgical stapling lawsuits include:
- Cartilage damage
- Nerve damage
- Reopening of the wound
- Excessive bleeding
If you believe you’ve been injured as a result of a defective surgical staple, a personal injury lawyer can help. A lawyer can help you understand your rights and assess whether you have a case.
Are there Verdicts and Settlements in Stapler Lawsuits?
Yes. More and more people are using surgical staplers in surgery every day. Many surgical staplers are used for a variety of surgical procedures. While surgical staplers have become commonplace in the medical world, they can also be dangerous if they malfunction.
When a surgical stapler malfunctions, it can cause serious injuries to the patient. If you or a loved one has been injured by a defective surgical stapler, you may be able to file a lawsuit against the manufacturer.
Defective product lawsuits are often filed in cases where there is evidence that the stapler was defective and caused injuries. Some of the most common types of injuries that occur as a result of a defective surgical stapler include:
- Severe lacerations
- Organ damage
If you have been injured by a defective surgical stapler, a mass tort lawsuit attorney can help. A mass tort lawsuit attorney can advise you on the best course of action and help you file a claim against the manufacturer. There have been many successful lawsuits filed against surgical stapler manufacturers in recent years. Injured patients have been awarded millions of dollars in damages, and the manufacturers have been held responsible for their defective products.
Examples of Past Surgical Stapler Lawsuit Outcomes
In Kuhlmann v. Ethicon Endo-Surgery LLC (the largest-ever case against a medical device manufacturer), a California jury awarded nearly $80 million to Florence Kuhlmann, a former police officer, for injuries sustained by the use of defective surgical staples.
Kuhlmann’s bowel was stapled to her anal canal which made her unable to pass stool. Further, she developed sepsis after her bowel burst. These problems were caused by an Ethicon PPH 03 surgical stapler. Subsequently, this particular stapler was recalled.
In another case, Ryan Strange accepted a $5.5 million settlement in a wrongful death suit when his wife died due to a surgical stapler injury. April Strange had gone to surgery to remove a mass on her liver. The medical team used a surgical stapler to seal a cut vessel. However, it failed to seal which led to blood loss and eventually her death. All the parties agreed to share liabilities.
These are just a few examples of the many successful lawsuits that have been filed against surgical stapler manufacturers. If you or a loved one has been injured by a defective surgical stapler, you may be entitled to compensation. A mass tort lawsuit attorney can tell you more about your legal rights and options.
What is a Defective Product?
Under product liability law, if a product is defective and causes injuries, the manufacturer can be held liable for those injuries. Three main types of defects can occur in products:
If a product has a manufacturing defect, it means there was something wrong with the way it was made. For example, if a surgical stapler is defective because the staples are not properly aligned, that would be considered a manufacturing defect.
Design defects occur when the design of the product is inherently dangerous. For example, if a surgical stapler is designed in such a way that it is likely to misfire, that would be considered a design defect.
Marketing defects happen when the manufacturer doesn’t provide adequate warnings or instructions about how to use the product safely. For example, if a surgical stapler is marketed as being safe for use on pediatric patients, but is later found to be dangerous for children, that would be considered a marketing defect.
What Kinds of Damages Can I Pursue for My Surgical Stapler Injuries?
If you are injured by a defective surgical stapler, you may be able to recover damages. Money damages can include compensatory damages, which are meant to compensate you for your losses, and punitive damages, which are meant to punish the manufacturer. Your lawyer will be able to tell you what damages you may be entitled to receive.
There have been a number of lawsuits filed against manufacturers of defective surgical staplers. Some of these lawsuits have resulted in large payouts for the victims. For example, in the largest surgical stapling lawsuit, the victims were awarded over $80 million in damages (case cited above).
If you have been injured by a defective surgical stapler, you should speak with a lawyer. A lawyer can help you understand your rights and guide you through the legal process. These damages include:
Economic damages compensate you for your financial losses. They can include:
- Medical Expenses: If you are injured by a defective surgical stapler, the resulting medical expenses could be very high. These expenses may include fees for medical treatment, hospitalization, and prescription drugs.
- Lost Income: If you are unable to work because of your injuries, you can pursue compensation for lost income. This includes wages that you would have earned if you had not been injured and money that you will lose in the future because of your injuries.
- Damage to Property: If any of your personal property was somehow damaged in the process, you may also be able to recover compensation for those belongings.
Non-economic damages compensate you for your non-monetary losses, including:
- Pain and Suffering: If you are injured by a defective surgical stapler, you’ll likely experience at least some pain and suffering. This includes physical pain and suffering as well as emotional pain and suffering.
- Emotional Distress: Being injured (even accidentally) by a doctor you trusted can be traumatizing and you may experience emotional distress. This includes feelings of fear, anxiety, and sadness.
- Loss of Consortium: Your defective surgical stapler injury may cause your spouse to suffer a loss of consortium. This includes the loss of the benefits of marriage, such as companionship and sexual relations.
- Wrongful Death Damages: If a loved one is killed by a defective surgical stapler, you can seek wrongful death damages. These could include compensatory damages, which are meant to compensate the victim’s family for their losses, or even punitive damages, which are meant to punish the manufacturer.
If you’ve lost a loved one because of a defective surgical stapler, a lawyer can help you understand your rights and gently guide you through the legal side of this difficult time.
Why You Should Hire a Mass Tort Lawsuit Attorney
If you’ve been injured by a defective surgical stapler, you may be wondering whether you have grounds to sue. The answer to that depends on a variety of factors, including the severity of your injury, who manufactured the stapler, and where you live. A lawyer who specializes in mass tort lawsuits can help. A mass tort lawsuit is a type of lawsuit involving multiple plaintiffs who have all been injured by the same product or service.
Mass tort lawsuits can be complex and time-consuming, but an attorney who understands the process can help you navigate it. Mass tort lawsuit attorneys know how to build a strong case on your behalf. If you’ve been injured by a defective surgical stapler, a mass tort lawsuit attorney can tell you more about your options.
Questions Your Attorney May Ask
Your personal injury attorney may ask you a variety of questions in order to determine if you have a case. Some of the questions they may ask include:
- How were you injured?
- Who manufactured the stapler?
- What is the statute of limitations in your state?
- What are your medical expenses to date?
- Have you lost income as a result of your injury?
- Do you have any photos or videos of the stapler in use prior to your injury?
- Did anyone witness your injury?
These are just some of the questions your personal injury lawyer may ask. It’s important to be prepared and gather as much information as possible before meeting with them. In addition, your attorney can answer any questions you may have and keep you updated on any developments as the case progresses, guiding you through the process with solid legal counsel and advice.
Consult a Surgical Stapler Lawsuit Attorney
If you or a loved one have been seriously injured by a surgical stapler, you may be wondering what kind of compensation you could recover in a lawsuit. While each case is different, there are some general categories of damages that are often awarded in these cases.
These types of injuries can have a profound impact on every aspect of your life. You may be unable to work, care for yourself, or even enjoy your life the way you did before the injury. Let the attorneys in our network help you seek compensation. You don’t have to do this alone. At the Sentinel Group, we understand the difficulties you may be facing and are ready to help you pursue the justice you deserve.