Michelle Keahey, East Texas Bureau Sep. 21, 2012, 3:48pm

MARSHALL - A heart patient that was improperly shocked by his implanted defibrillator has filed a lawsuit against the defibrillator’s manufacturer that claims the product was unreasonably dangerous.

Johnny R. Elliott filed suit against Boston Scientific Corp. on Sept. 19 in the Eastern District of Texas, Marshall Division.

Elliot had a cardioverter defibrillator implanted on Sept. 14, 2009, at Good Shepherd Medical Center in Longview. According to the lawsuit, in Jan. 2010, the defendant failed to notify Elliot of the recall associated his defibrillator.

In April 2012, Elliot’s defibrillator emitted a massive electrical shock that rendered him unconscious and caused rib fractures. The medical device was removed and replaced.

Boston Scientific sent Elliot an explanation of the defects that stated the root cause of the ICD failure was “wire damage within the transformer windings” and “transformer failure rates can vary by component supplier… and the specific manufacturing technology used.”

The defendant is accused of strict liability, negligence, and breach of implied warranty.

The plaintiff is seeking an award of compensatory damages, interest, physical pain, mental suffering, physical impairment, medical bills, attorneys’ fees, interest, and court costs.

Elliot is represented by J. Robert Black of Heard Robins Cloud & Black LLP in Houston and N. Eric Cooper of The Cooper Law Firm in Longview. A jury trial is requested.

U.S. District Judge Rodney Gilstrap is assigned to the case.

Case No. 2:12-cv-00605

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