July Trial Date Set for Guidant Lawsuit

By Richard Seward

Published on May 29, 2007

Since 2005, Guidant Corp. has recalled an estimated 300,000 implantable cardioverter defibrillators (ICDs) and pacemakers. The flawed implants have been linked to at least seven deaths.

To date, the devices have prompted more than 1,400 lawsuits, the majority of which have been combined into one case to be tried in the U.S. District Court in Minnesota.

Nicholas Drakulich, the plaintiffs' attorney, claimed in pre-trial motions that Guidant deliberately concealed defects associated with its defibrillators in order to increase profits. Drakulich also alleged that officials with Guidant were aware, as early as 2002, that a particular ICD model displayed a tendency to short-circuit, but waited until 2005 to disclose this information to physicians and the public.

Drakulich cited studies conducted in the 1970s that demonstrated that polymide, an insulation used in at least some ICD models, was adversely affected by heat and humidity. Given that the device is implanted in the body, Drakulich added, the risk to patients logically followed from the results of this study.

Guidant was purchased by Boston Scientific Corp. last year for $27 billion.

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