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Schachter, Hendy & Johnson, Attorneys At Law

$7.2 Million Awarded By Jury in Defective Cochlear Implant Lawsuit

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A jury in Louisville, Kentucky recently found that Advanced Bionics, a medical device company, knowingly sold defective cochlear implants. The jury awarded $7.24 million to a Kentucky girl and her family, represented by Schachter, Hendy & Johnson as well as other law firms, after her cochlear implant failed and caused her to suffer excruciating shocks and convulsions. 

Cochlear implants, sometimes also referred to as bionic ears, are devices that are surgically placed into the bone of a patient's skull. Wires attach it to a magnet and when the magnet is engaged, the device gives a profoundly deaf or hard of hearing person a sense of sound. The FDA has stated that these devices are allowed to contain up to .5 percent moisture, but cochlear implants manufactured by advanced bionics have been found to contain up to 60 times this amount.

Advanced Bionics became aware of problems with moisture in its cochlear implants in 2004, however it proceeded to ship 4,000 more defective implants after this recall. The Food and Drug Administration cited Advanced Bionics for its failure to get approval for a new supplier of a component to keep moisture out of the device in 2007 and fined the company $1.1 million in 2008. 

Brett Barrouquere of the Associated Press reports that to date more than 1,000 Advanced Bionics cochlear implants have malfunctioned - a failure rate of about 40 percent. If you or a loved one have suffered injuries as a result of a cochlear implant failure, you may have a legal case for your damages. Call the office of Schachter, Hendy & Johnson, P.S.C. to talk with a skilled personal injury attorney at (859) 578-4444 or (888) 606-5297 in a free legal consultation today.

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