Cochlear implants play a vital role in helping children with permanent hearing loss to understand speech. Unfortunately, some models are faulty and have caused intense pain, discomfort, and disruptions within the inner ear. Many children have been adversely affected, leading to significant impacts on their growth and development.
If you or your child underwent a cochlear implant procedure and experienced problems, reach out to Arias Sanguinetti. Multiple manufacturers have paid out substantial settlements due to false claims and deceptive practices. Our California cochlear implants lawsuit lawyer can help you determine the best course of action for your family.
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Cochlear Implants in Children
In cases where conventional hearing aids prove insufficient, children with severe and permanent hearing loss may benefit from a surgical intervention known as a cochlear implant. This electronic device is designed to allow young children to receive, process, and interpret auditory information effectively.
The surgery is often done on babies and young children to help them acquire the ability to speak, read, and write through their capacity to listen. Unfortunately, cochlear implants sometimes do irreparable harm. In fact, these devices have a long history of recalls, serious complications, and lawsuits.
Potentially Adverse Effects
When implants are defective and stop working or need to be removed, the negative effects on the child’s development can be profound.
Defective cochlear implant users may experience excruciating pain or could lose the communication abilities they depend on for social interaction and learning.
The problem can worsen if a child does not know the device is faulty and continues to rely on it. Even if a patient’s healthcare providers attempt to diagnose and repair defects, patients might still experience various issues related to malfunctioning implants. These situations are particularly detrimental to a young child’s developing brain.
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Advanced Bionics Settlement
Advanced Bionics LLC, a prominent Valencia, California-based manufacturer of cochlear implants, has agreed to pay nearly $12 million to settle False Claims Act (FCA) violations.
This resolution comes from misleading information regarding certain cochlear processors’ radiofrequency emissions.
The U.S. Department of Justice and United States Attorney Jacqueline C. Romero made this important announcement.
The False Claims
The heart of the matter revolves around Advanced Bionics’ actions when submitting pre-market approval applications to the U.S. Food and Drug Administration (FDA) for its Naida and Neptune processors used in the implants.
Allegations suggest that Advanced Bionics made false claims concerning the results of radiofrequency emissions tests.
These tests are extremely important because they show how much emissions from cochlear devices can mess up electronics like cell phones, alarm systems, TVs, and radios.
Deceptive Practices
Advanced Bionics allegedly misrepresented that its processors met internationally recognized emissions standards when, in reality, they fell short. Specifically, the company is accused of manipulating testing conditions to get passing results by not subjecting processors to “worst-case” scenarios.
Additionally, allegations of improper shielding of certain emissions-generating components during testing violated established standards. The Advanced Bionics settlement is just one example, as other manufacturers have been sued.
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Establishing a Defective Medical Implant Lawsuit in Court
Although several recalls exist, holding the negligent company accountable can be challenging in many cases. Typically, there are three avenues for establishing a manufacturer’s liability concerning a harmful consumer product:
- Design defect: When companies negligently design products in a manner that causes harm, they may be held liable.
- Manufacturing defect: There is a manufacturing defect when the final product, as it was made and sold, differs greatly from its original design, making the medical device much more dangerous.
- Failure to provide adequate warning: In certain cases, manufacturers neglect to adequately caution medical professionals and patients about all known and foreseeable risks associated with the use of their products.
- Misleading marketing practices: Often the basis for a class action lawsuit, misleading marketing practices cases commonly involve a product being represented as having qualities that it does not have.
- Why Choose Us to Handle Your Product Liability Claim?
Experience and a proven track record matter when it comes to legal representation. The team at Arias Sanguinetti has been practicing law since the 1980s. We have received numerous awards and recognitions for our accomplishments on behalf of clients across California.
With a strong presence in California, Nevada, and more, we are well-equipped to handle legal matters across multiple states in state and federal courts.
What truly sets us apart is our legal history. Our lawyers have over 300 years of combined experience. We hold admissions to practice law before state and federal courts in California, Illinois, New York, Nevada, New Jersey, Washington, D.C., Quebec, and Ontario, Canada.
This scope allows us to serve clients across various jurisdictions with a deep understanding of both local and national legal landscapes.
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Free Consultation with a California Defective Product Lawsuit Lawyer
If you or your child have been adversely affected by cochlear implants, you deserve justice and financial compensation. At Arias Sanguinetti, we are committed to helping those suffering from subpar or harmful products, and you can trust us for outstanding legal representation.
Our experienced team of cochlear implants lawsuit lawyers in California is here to assist you in seeking justice and compensation for any harm, discomfort, or inconvenience caused by faulty implants. Contact us today for a confidential consultation to discuss your case. Time is of the essence, so don’t wait!
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