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Defective Medical Device Claims

Faulty Defibrillator Claims

We place a great deal of trust in medical equipment that's designed to help us. But unfortunately, that equipment sometimes fails, causing pain and discomfort when we are most in need of support. When this happens with something as important as a defibrillator, it can have a serious impact on your life and confidence.

We've investigated a number of cases of defibrillator devices not working as they should. The device's failings can either result in unnecessary shocks, causing discomfort to the person wearing it, or the failure to provide a lifesaving shock if irregular heart rhythm develops. If you or a loved one has been harmed by a faulty defibrillator, our team of expert solicitors could help you to claim compensation.

We've helped our clients to claim compensation after having been fitted with a faulty defibrillator. The types of device that we have dealt with in faulty defibrillator claims include:

  • Sprint Fidelis leads (Medtronic)
  • Riata and Riata ST leads(St Jude Medical)
  • Bipolar QuickSite and QuickFlex (St Jude Medical)
  • Ellipse ICD (St. Jude Medical)

We've helped many of our clients claim compensation, as well as access to the necessary rehabilitation services they may need. Make a claim with us and we’ll support you at every stage, keeping you updated in plain English.

If you've experienced injuries or health problems caused by a faulty defibrillator, you may be able to claim compensation. Call us on 0800 121 6567 or contact us online today for a free consultation on your case.

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Faulty Defibrillator Claims - More Information
    • What's The Claims Process?
    • To make a compensation claim for an injury or illness caused by a defective medical product, the first thing you need to do is get in touch with us for a free consultation. We'll discuss what's happened to you, advise you on whether or not we think you can claim, and work out whether you could benefit from a No Win No Fee* arrangement.

      If you do decide to make a claim with us, we'll usually follow the same three stages:

        1. Investigation. We'll begin by determining the extent of your injury or illness, and any losses that you may experience as a result. This may involve an examination carried out by a medical expert.
        2. Compensation. We'll work out how much compensation you should get based on the severity of your injuries, your pain and suffering, any medical expenses you've had, and your ability to get back to work. We'll put this amount to your opponent, and they can either accept or contest your claim.
        3. Conclusion. If your opponent accepts liability, you'll be awarded compensation. If not, court proceedings will begin.

          Starting proceedings doesn't mean that your claim will definitely go to trial. Instead, it means that the court will put a timetable in place and manage your claim towards trial. There is still the possibility for your opponent to settle.

          If you do have to go to court, we'll be there to support you every step of the way. If we agreed to handle your claim under a No Win No Fee* arrangement, then you won't have to pay anything if you are unsuccessful.

      If you have any questions about the claims process, please contact us today on 0800 121 6567.

    • Can I Make A No Win No Fee* Claim?
    • Many of our cases are funded with a No Win No Fee agreement. This means that there’s no financial risk* to you when making a compensation claim.

      At the start of your case, we’ll discuss funding options with you, advising you which we think is the most suitable. If you have legal expenses insurance (LEI) or are covered by a trade union policy, these may be best for you. Legal expenses insurance is included in many household insurance policies, so it’s always worth checking whether you’re already covered.

      If we think you’re best supported by a No Win No Fee agreement, we’ll explain the process clearly. This involves setting up an insurance policy that will protect you, at no cost to you. You’ll only have to pay anything when your claim is successful – your opponent will pay most of our fees.

      Please visit our No Win No Fee page for more information on how it works.

    • How Long Do I Have To Make A Claim?
    • You generally have to make a compensation claim for personal injury within three years of the date of the injury or illness caused by a defective medical product. There are exceptions to this, including claims on behalf of children and individuals who are unable to make their own legal decisions.

      Defective product claims must also be brought within 10 years of the date the product went into circulation. This 10 year time limit cannot be extended.

      Time limits are judged strictly on a case-by-case basis by the courts, so it's best to get in touch with us for some advice. Call today on 0800 121 6567 for a free consultation on your case, and we'll be happy to help.

    • How Much Can I Claim?
    • How much compensation you receive for an injury caused by a defective medical product will depend on various factors related to your injury, its circumstances, and the support and rehabilitation you need.

      The amount of compensation you could claim will depend on many factors, including:

      • Current and future loss of earnings from being unable to return to work
      • Medical and travel expenses you've had to pay
      • Your care and support needs – both now and in the future
      • Whether you need modifications to your home
      • Whether you need mobility aids or specialist equipment
      • Your pain and suffering, and the nature of any ongoing problems you have

      For more information, call us on 0800 121 6567 and we'll be happy to discuss your options in a free initial consultation.

To the patients who are fitted with these devices their functionality is a matter of life and death and it is a huge concern that issues like this are continuing to occur"

Matthew Newbould, Solicitor
Defective Products

Frequently Asked Questions

What Are Common Problems Caused By A Faulty Defibrillator?

A defibrillator, or implantable cardioverter-defibrillator (ICD), is a device that's implanted to help patients who suffer from heart problems. The battery-powered device generates electrical impulses, and is used when a patient is at a risk of sudden death due to their condition.

Once implanted, ICDs work to ensure the heart maintains its working rhythm. If the ICD detects that the heart is not working correctly, it'll produce a jolt of electricity to remedy it. When the device is working correctly, this shouldn't cause any more discomfort than necessary.

However, if one of the leads fitted in a defibrillator fractures, or if there is a fault with the ICD itself, this can cause the device to perform incorrectly. When this happens, it can send shocks to the heart that aren't required, as well as affecting the device's pacing therapy and output, which can be a life-threatening situation for the patient.

If you've experienced discomfort or pain as a result of a faulty defibrillator, get in touch with our solicitors today. Contact us online or call on 0800 121 6567 for your free initial consultation. You are under no obligation to continue beyond this initial consultation.

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Under What Circumstances Can I Make A Claim?

If you, or a loved one, has experienced issues regarding a faulty defibrillator, our team of solicitors will be happy to advise you on the best way forward. These issues could involve experiencing unnecessary shocks, or having an existing condition made worse due to a fault with a defibrillator.

Usually, you will have three years from the occurrence of your injury in which to make a claim.  If the claim concerns a defective product, the claim must also be lodged in Court within 10 years of the date that the product was ‘put into circulation’.

There are some circumstances where you may also be able to make a claim on behalf of a loved one. These include:

  • Claiming on behalf of your child if they are still under 18
  • A loved one who has passed away
  • A relative who is considered unable to make their own legal decisions

If you're claiming on behalf of a child, you have until the child's 21st birthday to do so, and if you are claiming on behalf of a relative who has passed away, you should claim within three years of the date of their death.

If you have any questions about the claims process, or you're not sure whether you or a loved one is eligible to make a claim, call us today on 0800 121 6567, or contact us online, for a free initial consultation about your case.

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Why Choose Irwin Mitchell For A Faulty Defibrillator Claim?

With something as distressing as a faulty medical product claim, our solicitors understand the importance of treating all cases in a caring and supportive manner. Our team of expert lawyers are available to support you throughout the claims process, answering questions and providing information, as well as helping you to access any rehabilitation services you may need.

Our medical negligence and product liability solicitors have a wealth of experience in this area, and we will make sure you're kept up to date on the progress of your claim at every stage. We have offices throughout the UK, making it simple for our clients to access our services.

If you have any questions, would like help and advice or have experienced an issue surrounding faulty defibrillators, call us on 0800 121 6567 or contact us online for a free consultation on your case.

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We're always proud to be recognised for the work we do for our clients and have been named as a leading firm in the latest legal guides - which provide information and recommendations about lawyers and law firms in the UK

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We campaign for patient safety and justice.

As well as securing compensation and rehabilitation for our clients, we also campaign for improvements in patient safety by supporting Action against Medical Accidents (AvMA). This UK charity provides advice and support to people who have suffered because of lapses in patient safety, working in partnership with health professionals, the government and the NHS to ensure that safety guidelines are followed.

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To begin your claim for compensation, or ask any questions regarding personal injury claims, contact us today for a free consultation.

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