Product Liability Attorneys Helping Victims of Pacemaker Defects
A pacemaker is supposed to grant its recipient an opportunity for a better quality of life alongside their loved ones. However, what happens when the pacemaker is defective, and who answers for the consequences these defects can have on a person’s wellbeing?
Learn more about pacemaker defects, possible compensation, and how a defective pacemaker lawyer can help your claim. BD&J works alongside victims of pacemaker defects and their families in the pursuit of justice.
Key Takeaways
- Current battery defects on pacemaker devices are creating high-risk product recall situations.
- A defective pacemaker can lead to heart damage and even death for vulnerable consumers.
- Pacemaker defects are bringing to light the need for transparency on behalf of manufacturing companies, as well as the question of whether companies should be the ones in charge of recalling their own product.
- A product defect attorney can represent victims of defective medical devices, including pacemakers, as well as their families for rightful compensation.
Book your free consultation with a BD&J product liability lawyer now!
What are the Current Pacemaker Recalls?
Pacemakers are small battery-powered devices implanted under the skin near the collarbone to regulate erratic or slow heartbeats. This tiny device has a big job to do, which is why there is little room for any errors or defects within its operations.
Unfortunately, pacemaker recalls have been steadily increasing over the past few years. These recalls have included:
- Boston Scientific Accolade, Proponent, Essentio, and Altrua Pacemaker Devices (2025) – This recall was due to an issue of battery failure that caused devices to go into a “Safety Mode” only meant to be used in the event of a malfunction and caused the device to revert to a basic pacing that could risk the health of certain patients.
- St Jude (Abbott) Assurity and Endurity Pacemakers (2021) – A manufacturing defect led to the recall of a select quantity of these pacemakers due to moisture intrusion leading to an early depletion of battery life.
- Boston Scientific Ingenio, Advantio, and Vitalio Pacemakers (2021) – Multiples of these pacemaker models were recalled due to high internal battery impedance, which resulted in reduced and slowed battery, ultimately affecting pacing and operations.
Have you or someone you know been dealing with one of these defective pacemakers? Connect with the pacemaker defect attorneys at BD&J by calling 855-906-3699.
Why is a Defective Pacemaker Case Considered Product Liability?
Cases of product liability occur when a product:
- Has a manufacturing error
- Has a flaw in its design
- Contains harmful or toxic substances not disclosed to consumers
- Is marketed incorrectly, or lacks the appropriate warnings for consumers
- Causes injury even when used exactly as directed
As cases of defective pacemakers have included battery depletion problems and flaws in the design of these devices, all cases of defective pacemakers would fall under product liability.
How Dangerous is a Defective Pacemaker?
Defective pacemakers can cause a variety of symptoms for a person. Most serious, and some even life-threatening.
If a pacemaker malfunctions due to a manufacturing defect, software glitch, or even another form of faulty incident, it stops its role in heartbeat regulation. This can lead to:
- Arrythmias
- Slowed heart rate
- Heart palpitations
- Stroke
- Chest pain
- Shortness of breath
- Fainting
- Dizziness
- Heart failure
- Cardiac arrest
Who Can File a Claim if My Loved One Passed Away from a Defective Pacemaker?
It’s absolutely devastating losing a loved one, but when your loved one passed away from a defective pacemaker that was caused by someone else’s negligent or reckless actions, the pain can be even greater. Filing a wrongful death suit for compensation and accountability can help.
Working with a wrongful death lawyer can help. Family members who are eligible to file a wrongful death lawsuit include:
- The spouse or legally recognized domestic partner of the deceased
- The children (step, biological, or adopted) of the deceased
- The parents of the deceased
- Any minor who was financially dependent on the deceased at the time of their death
- The heir to the deceased’s estate
Work with a BD&J attorney in California to pursue a lawsuit against the parties responsible for your loved one’s passing due to a defective pacemaker.
Product Liability Attorneys’ Roles in Pacemaker Lawsuits
Navigating a lawsuit around a defective pacemaker can be overwhelming, especially if you are dealing with the aftermath of a stroke, cardiac arrest, or even the death of someone you loved due to this defective medical device.
You don’t have to go through the hurdles of the legal claims process alone, especially against other companies with large aggressive legal teams. A product liability attorney can help represent you and:
- File the initial claim
- Help in the collection of evidence
- Interview expert witnesses who can attest to the defective state of a product, as well as emphasize the harm these defects had
- Negotiate a fair compensation settlement that accounts for current and future expenses
- Communicate with all other parties on your behalf
What Can Compensation from a Product Liability Claim Cover?
Defective pacemakers and other defective product cases can quickly gather a lot of expenses. With more than 832 injuries from defective pacemakers recorded so far, there are many people and their loved ones who will struggle with the physical and financial fallout that comes from these events.
This is where filing a product liability claim can help. The compensation from a claim can cover:
- Current and future medical expenses
- Further surgeries or physical rehabilitation
- Loss of income if unable to work
- Loss of enjoyment of life
- Pain and suffering
- Psychological therapy
- And more.
Complete our form to schedule a consultation with a BD&J product recall attorney.
Frequently Asked Questions
How Long Do I Have to File a Product Defect Claim?
You have 2 years from the date of injury to file a product defect claim, or 2 years from the date the injury was discovered.
How Soon Should I Speak to a Product Liability Lawyer?
As soon as you are cleared from a hospital and are ready to begin your claim!
Is There a Difference Between a Product Defect and Product Liability?
A product defect refers to the actual defect in an item, while product liability refers to the liability manufacturers and distributors have in order to compensate a person for their injuries from using one of their products.
Who Could Be Liable for a Pacemaker Defect Injury?
The manufacturer of the pacemaker would be the first liable party for a defective pacemaker, whether it was a design in the manufacturing, product design, or even for knowingly sending out defective products for use.
A hospital or medical provider could be liable for knowingly using defective pacemakers in patients.
Hold parties accountable for their negligence and oversight. Talk to a product defect attorney in California from BD&J, Call now.
How Can I Establish Liability in My Case?
Establishing liability for a defective pacemaker case could be done with the use of evidence like medical records that show the effects of the defective pacemaker, any FDA reports of the pacemaker recall, expert witness testimony, and the manufacturer’s own recall report.
What if My Defective Pacemaker Was Not Treated Right Away?
If your defective pacemaker was misdiagnosed or left untreated and caused worsening symptoms, then this could become a case of medical malpractice. Talk to a BD&J attorney to learn more about your legal options.
Why Should I Work with the Product Recall Attorneys at BD&J?
At BD&J, we’ve been working with California residents for more than 20 years in the fight for justice and compensation. Our attorneys are experienced and recognized legal representatives who aren’t afraid to go against bigger name companies.
Do I Have to Pay Upfront to File a Claim with BD&J?
Nope! We work on a contingency fee basis, which means that we advance all case costs to clients and take attorney fees after your claim is settled.
This means less financial strain for clients, and no fees until we win*.
Don’t let time run out on your defective pacemaker claim. Call BD&J today to get started!
How To Initiate Your Product Defect Claim
To initiate your product defect claim, be sure to:
- Report the product defect. – Report the product defect to the Consumer Product Safety Commission here, and you can also report the product to the manufacturer for documentation purposes as well.
- Gather all evidence of your injuries. – This may look like medical records, witness testimony, and recall notices from the FDA or manufacturer.
- Schedule a consultation with a product defect attorney. – Read client reviews, ask friends and family, and check websites to book a consultation with a product defect attorney who you’re interested in working with.
- Go to the consultation with questions and your evidence. – At the initial consultation, you want to make sure to take evidence that supports the events, as well as any questions regarding your specific case, the attorney’s experience, and anything else that can help you see if this is the right lawyer for your case.
Product Liability Lawyers Eager to Fight for Injured Victims and Their Loved Ones
Pacemakers are supposed to improve a patient’s wellbeing, allowing them better health outcomes and the opportunity to spend more time with their loved ones. However, manufacturers’ negligence and other oversights can lead to defective pacemakers that cost people their health and even their lives.
If you or a loved one were affected by a defective pacemaker or other medical device, book a consultation with the BD&J team in California. We’ve recovered more than $2 billion* in compensation clients, and our attorneys are compassionate humanitarians who fight for injured victims’ rights.
Call us 24/7 or complete our form to schedule your free initial conversation!
