Manufacturer of Defective Defibrillator Hit with Wrongful Death Lawsuit

By Sophia Brink

Published on April 23, 2008

Joseph Roberts received an upgrade to a Vitality 2 implantable cardioverter defibrillator (ICD) on Nov. 21, 2005, at Memorial Hermann Baptist Beaumont Hospital. He was then transferred to Orange Continued Care Hospital on Dec. 5, 2005, where he died six days later.

ICD devices are designed to monitor a patient’s heart rate and rhythm. If it detects an abnormal hearth rhythm, the ICD is supposed to deliver energy to the muscle of the heart in order to restore a normal heart beat.

The Vitality 2 defibrillator was recalled on June 26, 2006, after Boston Scientific took over ownership of Guidant Corp.

The lawsuit alleges that Boston Scientific, Guidant Sales Corporation, and Guidant Puerto Rico Sales Corporation did not notify the public in a timely manner that the Vitality 2 defibrillator was defective. The suit also accuses the defendants of violating the Texas Deceptive Trade Practices-Consumer Protection Act and engaging in fraud, misrepresentation, and gross negligence.

Robert’s family is seeking exemplary damages in addition to compensation for loss of consortium, pain and suffering on the part of Roberts before he died, and funeral and burial expenses.

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