FAQ's and Facts About Guidant Pacemaker Recalls

Since 2005 the pacemaker manufacturer Guidant has announced three major recalls of its surgically implanted pacemakers. Patients with affected devices may experience inappropriate sensing or premature battery depletion. Patients whose device was recalled in any of the three recalls have been urged to consult their physicians as soon as possible. The FDA has urged physicians to conduct a thorough examination of affected patients as soon as possible, to assess the functioning of the suspect device.

What kind of risk do users of recalled Guidant pacemakers face?

Patients rely on their implanted pacemaker to maintain a steady heart rate. If their pacemaker fails, they face the possibility of stroke, heart attack, or death. All of the Guidant heart defibrillators-pacemakers on the recall lists put patients at seriously increased risk of heart attack, stroke and even death. Replacement or removal of the device is a surgical procedure requiring full anesthesia, presenting additional risk to patients. Patients with affected pacemakers could experience or premature battery depletion or intermittent or permanent, irreversible device failure.

If I have a Guidant pacemaker or defibrillator, what should I do?

As soon as possible you should contact your physician to determine whether the device you're relying on is one of the models recalled by Guidant. You should follow your physician's recommendations.

How many Guidant pacemakers and defibrillators have been recalled?

To date, Boston Scientific, which owns Guidant, has recalled 136,950 pacemakers and defibrillators.

If I have a defective Guidant device, do I have a legal claim?

If you or a loved one has been injured by a Guidant pacemaker or defibrillator, you should consult an experienced medical device lawyer to evaluate your case. Claims and lawsuits involving Guidant devices usually have elements of manufacturer liability, individual health, and the quality of your medical care. An experienced medical device lawyer can sort through these elements, and help you determine your best course of action.

Who is affected by the Guidant defibrillator-pacemaker recall?

Anyone whose pacemaker is on the Guidant recall list below is at risk. A pacemaker's primary function is to restore heart rhythm in patients who suffer from life-threatening heart arrhythmia a defective pacemaker which malfunctions or fails can be extremely dangerous, exposing the patient to risk of heart attack, stroke, and even death.

The following Guidant defibrillator-pacemaker models have been recalled:

Models recalled June 2005

Renewal 4 AVT (all models)
Renewal 3 AVT (all models)
Vitality AVT (all models)
Ventak Prizm AVT (all models)
Contak Renewal 2 (model #H155-Manufactured on, or before, August 26th, 2004)
Contak Renewal (model #H135)
Ventek Prizm 2 DR (model #1861-Manufactured on, or before, April 16th, 2002)

Models included in the June 2006 recall

Insignia brand pacemakers
Nexus brand pacemakers
Contak Renewal TR/TR2 cardiac resynchronization pacemakers
Ventak Prizm 2 cardioverter defibrillators
Vitality cardioverter defibrillators
Vitality 2 cardioverter defibrillators

Should you consult an attorney?

If you or a loved one used or continue to use one of the recalled Guidant pacemakers, you should contact an attorney immediately for review of a potential claim against the manufacturer. There are deadlines set by laws which regulate the filing of lawsuits called statutes of limitation, which vary state by state. If you know that you or a loved one was harmed by a Guidant, you should not delay in contacting an attorney. If the statute of limitations expires, your right to pursue a claim against the manufacturer may be forever barred.

Train Accident Attorneys

While train accidents are not as common as car, bike or truck accidents, they still occur and can result in serious injury. Train accidents can occur for a number of reasons - derailment, distracted operator, equipment malfunction, defective equipment, etc. If you or a loved one has been injured while a passenger on a train - whether it was the Metra, the CTA or Amtrak - you may have a viable case against the railroad company.

Under Illinois law, trains are considered common carriers and are required to treat riders with the highest degree of care. This means that they must adhere to all state and federal safety laws. If they do not comply with such laws and you are injured as a result, you are entitled to be compensated for your injuries. Such compensation can cover medical bills, lost wages and pain and suffering, among other things, depending on the degree of your injury.

It is strongly recommended that you hire a personal injury attorney with train accident experience. That is, someone who knows very well the local and federal safety laws the railroads are required to follow. You want someone who will take the time to listen to you and understand your case and be able to assess where the railroad went wrong.

For your part, you should carefully maintain all documentation related to the accident. This includes hospital records, medical information, police reports, names and contact information of all witnesses, before and after photos of your injuries and photos of the train after the accident. This will greatly assist your attorney in preparing your case.

If, instead, you were not a passenger but rather a railroad employee who was injured on the job, you will be compensated under the Federal Employers' Liability Act (FELA). To recover under FELA, you will have to show that your employer did not provide a reasonably safe place to work. Again, it is strongly recommended that you hire an attorney with train accident experience to discuss your options under FELA. FELA is a complex statute and you want someone to explain the nuances to you and someone who is well equipped to fight for what you deserve.

If you are worried about the cost of hiring an attorney, note that personal injury attorneys typically take cases on a contingency basis. This means that if you are compensated for your injuries - whether via a settlement or a jury award - your attorney is paid a percentage of that compensation. If, however, you do not recover anything, then your attorney does not get paid. You should never be asked to put forth any money - whether for court filing fees or expert witnesses. Personal injury attorneys consider this the cost of doing business. You are not expected to pay anything unless you "win."