Ad here on AD by a Law Firm

[shel90]

I saw a link for an ad title saying " Cochlear Implant Injury. Been injured by a defective cochlear implant? Contact us"

I clicked on the link and I guess there is a class-action lawsuit forming against Bionics for people who got injured or emotionally injured by defective implants.

Is that the same company that the FDA sued or a different one?

If it is a different one, then it shows that these companies are there for profit rather than for the people they serve according to the link.

 

[jillio]

I saw a link for an ad title saying " Cochlear Implant Injury. Been injured by a defective cochlear implant? Contact us"

I clicked on the link and I guess there is a class-action lawsuit forming against Bionics for people who got injured or emotionally injured by defective implants.

Is that the same company that the FDA sued or a different one?

If it is a different one, then it shows that these companies are there for profit rather than for the people they serve according to the link.

Good eye, shel! Looks like it is Advanced Bionics, the same company that the FDA levied over a million dollars in fines against for not meeting federal safety standards, and using a substandard manufacturer for their parts.

 

[Kalista]

Good eye, shel! Looks like it is Advanced Bionics, the same company that the FDA levied over a million dollars in fines against for not meeting federal safety standards, and using a substandard manufacturer for their parts.

Yeah I notice that one too. I was flabbergasted because many hearing parents did not listen to FDA risky first before they go ahead to having their Deaf infants/ toddlers surgery.

Hope, this link will impact them to wake up.

Cochlear Implant : Mid South Trial Lawyer

 

[LadySekhmet]

Aw c'mon. How many times do we have to hear about this?

Look at this link!!!

I would say almost all the regulars on this forum KNOWS about this.
It's just so simple, it is the positioner isssue. It's all BUSINESS issue. (FDA Suing), and It HAS been resolved.

They learned their lesson, and now it's required for all CI to get meningitis shots. This is how we LEARN. Same idea with those who have old pacemaker devices and not doing their jobs...doctors learn from this, and are able to change some things around.

As for Shel90's point - Believe it or not, all THREE companies had failure rates. Not EVERY single device will work, it would be a miracle for 100% success rate for all three companies. Advance Bionics is really good by giving another implant for free. Does EVERY single person that got breast implants (for Cosmetic reasons, not for medical due to breast cancer or what not) have great implants? NO. Quite a few of them will LEAK.

ALSO - sometimes I believe it's the surgeons' fault, not the implant itself. If the array is protruded through the cochlea, it WILL fail. Who's fault is that? The surgeon. This is exactly why Freedom and N24CA has a curly array. If the patient got an infection, who's fault is that? The doctors and nurses in the OR for not being sterilized enough. I have seen this a few times when dogs get infections in the bone/leg from knee surgeries because the vet technicians did not sterilize the skin, or veterinarians are not paying attention to where the sterile area is (I worked as a Surgical Vet Technician). If the implant is not successful even though the implant works perfectly, who's fault is that? The CIer for having too much high expections, Audiologist not meeting the patient's needs (inexperienced, or only does a map once a year, etc...there's a few reasons), or CIer NEVER heard these sounds before (if they never wore hearing aids before, things WILL sound like CRAP!!), or CIer doesn't go through training or rehab (if they don't go through this, they will not like it. once your implant is turned on, they do not just become "hearing" on the first day. it takes months or years).

Frankly, I'm just tired of people who do not have CI have to point the failure rates or meningitis issue while it's really a very small percentage.

Anyways, basically my point is quit pointing these out. Many of the CIers on this forums are looking for advice, support, friendship, and learning what CI is all about.

 

[shel90]

Aw c'mon. How many times do we have to hear about this?

Look at this link!!!

I would say almost all the regulars on this forum KNOWS about this.
It's just so simple, it is the positioner isssue. It's all BUSINESS issue. (FDA Suing), and It HAS been resolved.

They learned their lesson, and now it's required for all CI to get meningitis shots. This is how we LEARN. Same idea with those who have old pacemaker devices and not doing their jobs...doctors learn from this, and are able to change some things around.

As for Shel90's point - Believe it or not, all THREE companies had failure rates. Not EVERY single device will work, it would be a miracle for 100% success rate for all three companies. Advance Bionics is really good by giving another implant for free.

ALSO - sometimes I believe it's the surgeons' fault, not the implant itself. If the array is protruded through the cochlea, it WILL fail. Who's fault is that? The surgeon. This is exactly why Freedom and N24CA has a curly array. If the patient got an infection, who's fault is that? The doctors and nurses in the OR for not being sterilized enough. I have seen this a few times when dogs get infections in the bone/leg from knee surgeries because the vet technicians did not sterilize the skin, or veterinarians are not paying attention to where the sterile area is (I worked as a Surgical Vet Technician). If the implant is not successful even though the implant works perfectly, who's fault is that? The CIer for having too much high expections, Audiologist not meeting the patient's needs (inexperienced, or only does a map once a year, etc...there's a few reasons), or CIer NEVER heard these sounds before (if they never wore hearing aids before, things WILL sound like CRAP!!), or CIer doesn't go through training or rehab (if they don't go through this, they will not like it. once your implant is turned on, they do not just become "hearing" on the first day. it takes months or years).

Frankly, I'm just tired of people who do not have CI have to point the failure rates or meningitis issue while it's really a very small percentage.

Anyways, basically my point is quit pointing these out. Many of the CIers on this forums are looking for advice, support, friendship, and learning what CI is all about.

Pls reread my first post. I was asking if that was the same company or a different one. A simple yes or no would have been sufficient. No need to rant here.

I have every right to question anything relating to CIs and pls see the "if" in my last sentence which makes a big difference.

It was just a simple question. Just take a deep breath and reread my first post.

 

[shel90]

And if this thread becomes another bashing thread about people being anti-CI, I will report people and have this thread locked cuz this is what this thread is NOT about.

Just showing some concern if there was a different company was being sued or if it was the same one.

 

[Boult]

I saw a link for an ad title saying " Cochlear Implant Injury. Been injured by a defective cochlear implant? Contact us"

I clicked on the link and I guess there is a class-action lawsuit forming against Bionics for people who got injured or emotionally injured by defective implants.

Is that the same company that the FDA sued or a different one?

If it is a different one, then it shows that these companies are there for profit rather than for the people they serve according to the link.

Shel,

FDA DID NOT SUE. FDA simply fined AB but in the end, they reached settlement. There were no court. No lawsuit. No hearing as such..

Don't be mislead by netsignnews which they signed "sue" for no reason on purpose instead of "fined" Those anchors are not experienced journalist. They have not done fact checking. They simply grabbed articles from other news sites and did their own revision and thought FDA was suing when in fact they did not sue.

The ad you saw is simply that the Law firm is looking for someone to create a lawsuit. It hasn't happened. And I doubt it will happens. And that ad you saw recently is not the only one. There are severals out there trying to create a frivolous lawsuits against AB. There is no news of Lawsuit against AB happening yet.

Here are the press release published by FDA themselves not news agency.

fine; FDA Seeks Civil Penalties from Calif. Device Maker

settlement; FDA Reaches Settlement with California Hearing Device Maker

No where in those press release that spoke of lawsuit.

 

[LadySekhmet]

Shel - it was not my intention to do that, I do apologize if I sound like I was bashing you, but I wasn't. Yes, it's Advance Bionics, and I'm sure you know that already. I'm just making a statement about the link that you found, not directly at you. What I should have said was, "As for the link that Shel was talking about...." So, my mistake. The rest of the post is pointed out to someone else. Plus - Just educating again about failure rates and stuff like that.

Forgive me?

 

[shel90]

Shel,

FDA DID NOT SUE. FDA simply fined AB but in the end, they reached settlement. There were no court. No lawsuit. No hearing as such..

Don't be mislead by netsignnews which they signed "sue" for no reason on purpose instead of "fined" Those anchors are not experienced journalist. They have not done fact checking. They simply grabbed articles from other news sites and did their own revision and thought FDA was suing when in fact they did not sue.

The ad you saw is simply that the Law firm is looking for someone to create a lawsuit. It hasn't happened. And I doubt it will happens.

Here are the press release published by FDA themselves not news agency.

fine; FDA Seeks Civil Penalties from Calif. Device Maker

settlement; FDA Reaches Settlement with California Hearing Device Maker

No where in those press release that spoke of lawsuit.

My bad about FDA suing...I meant to say fining. Pls take note of my error, everyone.

Thanks for the correction. Interesting that a law firm is looking for people to submit a lawsuit. Isnt that like "ambulance-chasing" on their part?

 

[LadySekhmet]

My bad about FDA suing...I meant to say fining. Pls take note of my error, everyone.

Thanks for the correction. Interesting that a law firm is looking for people to submit a lawsuit. Isnt that like "ambulance-chasing" on their part?

Most likely. I wonder how many out there actually went through this procedure?

Would the lawyers actually win from this?

 

[shel90]

Shel - it was not my intention to do that, I do apologize if I sound like I was bashing you, but I wasn't. Yes, it's Advance Bionics, and I'm sure you know that already. I'm just making a statement about the link that you found, not directly at you. What I should have said was, "As for the link that Shel was talking about...." So, my mistake. The rest of the post is pointed out to someone else. Plus - Just educating again about failure rates and stuff like that.

Forgive me?

Oh thanks for clearing it up. I thought u were bashing me. LOL!

 

[Boult]

Shel, I just updated my post just now and yes it is like ambulance chasing yes... in other word, frivolous!

Keep in mind that FDA don't go around suing companies for violations... eh! They simply fines them for breaking the rules. And that FDA is a Government Regulatory agency.

 

[rick48]

Yeah I notice that one too. I was flabbergasted because many hearing parents did not listen to FDA risky first before they go ahead to having their Deaf infants/ toddlers surgery.

Hope, this link will impact them to wake up.

Cochlear Implant : Mid South Trial Lawyer

fyi the FDA does not consider the cochlear implant to be risky, in fact, it was the FDA who approved the cochlear implant for children as young as twelve months.

 

[shel90]

Shel, I just updated my post just now and yes it is like ambulance chasing yes... in other word, frivolous!

Keep in mind that FDA don't go around suing companies for violations... eh! They simply fines them for breaking the rules. And that FDA is a Government Regulatory agency.

Sorry..my bad. I knew that but didnt realize I typed the wrong word. I am sick with a cold so my mind is not all there!

Yep...seems like they are chasing after that ambulance big time! LOL!

I just hope everything gets resolved and no more people are hurt. I just worry about the children cuz we never really know even if the risks are small. I guess that's just me..

 

[shel90]

Most likely. I wonder how many out there actually went through this procedure?

Would the lawyers actually win from this?[/QUOTE]

Good question...it is hard to say since I am not an expert in that field.

 

[jillio]

fyi the FDA does not consider the cochlear implant to be risky, in fact, it was the FDA who approved the cochlear implant for children as young as twelve months.

Based on safety regulations that were not followed by AB. That is why AB was fined...for putting patients at unnecessary risk by not following safety standards as set down by the FDA.

 

[jillio]

Shel,

FDA DID NOT SUE. FDA simply fined AB but in the end, they reached settlement. There were no court. No lawsuit. No hearing as such..

Don't be mislead by netsignnews which they signed "sue" for no reason on purpose instead of "fined" Those anchors are not experienced journalist. They have not done fact checking. They simply grabbed articles from other news sites and did their own revision and thought FDA was suing when in fact they did not sue.

The ad you saw is simply that the Law firm is looking for someone to create a lawsuit. It hasn't happened. And I doubt it will happens. And that ad you saw recently is not the only one. There are severals out there trying to create a frivolous lawsuits against AB. There is no news of Lawsuit against AB happening yet.

Here are the press release published by FDA themselves not news agency.

fine; FDA Seeks Civil Penalties from Calif. Device Maker

settlement; FDA Reaches Settlement with California Hearing Device Maker

No where in those press release that spoke of lawsuit.

Actually, the FDA did bring suit against AB. They sought 2.2 million in fines. The settlement they reached was that AB would pay 1.1 million in fines, with the CEO paying an additional 75,000.

 

[jillio]

Shel, I just updated my post just now and yes it is like ambulance chasing yes... in other word, frivolous!

Keep in mind that FDA don't go around suing companies for violations... eh! They simply fines them for breaking the rules. And that FDA is a Government Regulatory agency.

That's quite a rule they broke!!!

 

[R2D2]

I saw a link for an ad title saying " Cochlear Implant Injury. Been injured by a defective cochlear implant? Contact us"

I clicked on the link and I guess there is a class-action lawsuit forming against Bionics for people who got injured or emotionally injured by defective implants.

Is that the same company that the FDA sued or a different one?

If it is a different one, then it shows that these companies are there for profit rather than for the people they serve according to the link.

That's interesting Shel, I didn't see the ad. It doesn't surprise me. I think in one of the threads where we were discussing the AB and FDA case, there was a post from a first time poster who was obviously a lawyer sniffing around for possible cases. Maybe it's the same guy who has placed the ad?

I guess with the fine settlement, lawyers smell blood and are on the look out for cases. Many of them work on a no-win, no fee basis too. Cochlear implant manufacturers are high turnover entities and with involving surgery and all the risks that come with that too, this is a lawyer's dream.

I guess you can tell I hate lawyers!

 

[vallee]

Did you see that the lawyers will keep 35%-55% of the settlement? These days there are lawsuits for everything.