Suit claims faulty implanted defibrillator caused death
By Associated Press
Published July 15, 2005
JACKSONVILLE - A lawsuit claims a faulty implanted heart defibrillator caused the death of a 75-year-old man, and it asks that thousands of patients nationwide be included in a class action against Guidant Corp., the maker.
The lawsuit was filed on behalf of Bobby Smith's eldest son, whose attorneys said there are about 24,000 patients nationwide who have received defective implants manufactured by Guidant and who may need surgery to have them replaced.
Robert Earl Smith said his father collapsed and died in his back yard in May when the Guidant Prizm 2 DR defibrillator that had been in his chest for about three years failed.
The devices, about the size of a computer mouse, are implanted in patients at risk of sudden heart arrhythmia. The device is supposed to sense the problem and shock the heart back to a normal rhythm.
"If the device had worked properly, my dad would still be alive," Smith said at a Thursday press conference.
The lawsuit, filed Wednesday in Duval Circuit Court, claims Guidant, of Indianapolis, was aware of problems with its defibrillators for about three years, but did not notify doctors until May 23, on the eve of a New York Times report about the problems.
"The company chose to ignore the problem and refused to acknowledge the risk," said attorney Robert Spohrer, whose law firm represents Smith.
On June 17, a month after Bobby Smith died, Guidant sent a letter to doctors warning about problems with its Prizm 2 DR defibrillators. It said it had detected a deterioration in a wire insulator, which caused an electrical short, causing the device to malfunction.
The recall notice said there had been 28 reports of the failure worldwide, including the death of a patient in March. Guidant spokesman Steven Tragash declined to comment.
