Jury Awards Mount Vernon Man $40.1 Million After Medical Device Chars Heart
Published In: Business, California, Washington 
Monday, March 10, 2008 8:05 PM
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EVERETT, Wash., March 10 /PRNewswire/ -- A Snohomish Superior Court jury
today awarded a Mount Vernon, Wash. man and his family $40.1 million after his
heart was irreparably burned by a medical device the manufacturer knew for
years was defective.

The award, one of the largest of its kind, included $8.35 million in
punitive damages.

Paramjit Singh checked into Providence Everett Medical Center in October
2004 for routine surgery when a monitor manufactured by California-based
Edwards Lifesciences (NYSE: EW) malfunctioned, causing a catheter to overheat
and searing his heart.

According to Paul Luvera, founding partner of The Luvera Law Firm and one
of the attorneys representing Singh, Edwards knew of the potential problem as
early as 1998 but chose not to warn hospitals and other users of the
potentially deadly flaw.

Singh had to undergo a heart transplant because of his injuries and faces
serious life-long medical problems, including an expected kidney transplant.

The jury also awarded Providence Everett Medical Center $310,000 in
damages. Providence filed suit claiming Edward's actions damaged the hospital.
In today's ruling the jury found Edwards 99.9 percent negligent for Singh's
injuries.

"The jury told Edwards Lifesciences and medical device manufacturers
everywhere that putting profits before human safety is simply not acceptable,"
said Luvera. "The 12 men and women of this jury paid close attention to the
facts throughout the five week trial and the punitive damages they awarded
today shows that they accepted the challenge of setting a standard for patient
safety."

"They had the courage to do the right thing for the Singh family, and for
Providence Everett Medical Center," Luvera noted. "The jury made a thorough
assessment of Singh's injuries and circumstances and found Providence's
actions inconsequential, a victory all around."

Singh was admitted to Providence Everett Medical Center to undergo cardiac
bypass surgery. During the operation, surgeons monitored Singh with Edwards'
Vigilance I Monitor and placed several catheters in his heart tissue.

When the physician could not remove a catheter from Singh's heart, he made
an incision and found a piece of the catheter was "burned to a crisp" and the
heart tissue around it was charred. He was unable to re-start Singh's heart.

Providence Hospital -- which also sued Edwards -- worked diligently to
help Singh and his family, Luvera noted.

Providence arranged for Singh to be transferred to University of
Washington Medical Center where he was put on a mechanical heart device and
kept in a chemically induced coma for several weeks until he could receive a
heart transplant. Providence paid for all the medical procedures.

According to Kathy Cochran, attorney for Providence, the hospital
performed professionally and according to the protocols they were given by
Edwards in the operation of the monitor.

After the device caused extensive damage to Singh's heart, it was the
surgery team's expertise that saved his life, she noted.

"While it's sad that Edwards Lifesciences didn't just step up to the fact
that its product was faulty, it is a relief that after more than three years
of investigation and discovery, we are now vindicated by the jury's decision,"
Cochran said. "And most importantly, Mr. Singh and his family will have
justice and compensation for the catastrophic injuries they experienced."

According to court documents, Edwards first became aware of a software bug
in its monitors back in 1998, but ignored internal recommendations to correct
the problem. In 2002, the software bug caused a similar incident in
Japan -- caught on video tape -- but the smoldering catheter had been removed
from the patient before overheating.

Despite the Japan incident, Edwards did not warn or advise healthcare
professionals to stop using its monitors, court records show. Instead, the
company simply began distributing re-designed products in March 2003 that no
longer contained the software error.

"Edwards Lifesciences knew these monitors were defective years before Mr.
Singh suffered his injuries," said Luvera. "It is unbelievable to me that
Edwards allowed its quest for profits to trump its concerns for public
safety."

The jury awarded Singh $24 million, his wife $6 million and their children
$750,000, $500,000 and $500,000 respectively.

When Singh's injury occurred in 2004, Edwards continued to deny any
problem with its product, and made no attempt to alert other hospitals.

In 2006, almost two years after Singh's heart was permanently damaged,
Edwards issued a product recall that removed all defective monitors from
healthcare facilities.

In its action, Providence Everett Medical Center claimed the company
defrauded the hospital and violated the Consumer Protection Act among other
actions. The jury found for the hospital in each of its claims.

The judge allowed the Singh's and Providence to argue for punitive
damages -- typically not permitted in Washington court -- since Edwards is
based in California, a state that allows for punitive damages.


About Luvera Law Firm

Luvera Law Firm is a nationally recognized firm, with high standards of
ethical conduct. The firm specializes in medical malpractice, brain injury,
death and other major damage cases, and seeks justice for clients as well as
positive changes in corporate and governmental behavior. Two members of the
firm belong to the Inner Circle of Advocates, the nation's most exclusive
plaintiff's trial lawyer's association, whose membership is limited to 100 of
the best lawyers in the United States.


CONTACTS:

Paul Luvera (206) 467-6090
Luvera Law Firm
PNL@LuveraLawFirm.com

Mark Firmani (206) 443-9357
Firmani + Associates Inc.
mark@firmani.com


SOURCE Luvera Law Firm


 
Monday, March 10, 2008 8:05 PM

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