TruLaw is investigating the filing of a Heater Cooler System Lawsuit for individuals who experienced infections and believe it may be the result of the Stockert 3T Systems. This is not a heater cooler system class action and there has been no heater cooler system settlement, although this page is a good resource if future heater cooler system settlements occur.
The FDA and CDC are warning patients and providers about the potential risk of infection from the Stockert 3T Heater-Cooler System used during open-chest surgeries involving the heart, lung or liver.
More than 250,000 heart bypass procedures using heater-cooler devices are performed in the United States every year. Heater-cooler units are an essential part of these surgeries because they help keep a patient’s circulating blood and organs at a specific temperature during the procedure, yet most patients are not aware of the device’s usage.
For this reason, the CDC and the FDA are now warning patients who had open heart, liver or lung surgeries to seek medical care if they are experiencing symptoms associated with infections that could indicate they were exposed to M. Chimaera, a dangerous form of nontuberculous mycobacterium (NTM).
How do 3T Systems work?
Stockert 3T Systems are heater-cooler devices that have water tanks providing temperature-controlled water to external heat exchangers or warming/cooling blankets through closed circuits. Although the water in the 3T System circuits does not come into direct contact with the patient, there is the potential for contaminated water to enter other parts of the device and aerosolize, transmitting bacteria through the air and through the device’s exhaust vent into the environment and to the patient.
FDA and CDC Suggest Hospitals Should Warn Patients of the Risk of Infection to Mitigate Risk
According to the CDC, approximately 60 percent of heart bypass procedures performed in the U.S. utilize the Stockert 3T device that have been associated with these infections. In October 2016, the CDC estimated that in hospitals where at least one infection has been identified, the risk of a patient getting an infection from the bacteria was between about 1 in 100 and 1 in 1,000. The CDC and the FDA are continuing to evaluate this risk and we may see the number of individuals at risk grow as it takes a significant amount of time to develop symptoms of this deadly bacteria.
The CDC released a Health Alert Network Advisory to help hospitals and healthcare providers identify and inform patients who might have been put at risk. Many hospitals have been sending out Patient Advisory Letters to warn of the potential risk of infection.
Why is there a 3T Stocker Heater Cooler System Lawsuit?
A corporation, by definition is profit seeking. There is no requirement that a corporation act morally. Unfortunately, too often we see dangerous drugs, devices and products remain on the market when corporations prioritize profit over people.
If these same corporations warn consumers of these risks, there is no case. We only pursue lawsuits on behalf of individuals who were not warned of the risk associated with the dangerous drug, device or product on the market.
Several lawsuits have been filed against Liva Nova PLC (formerly Sorin Group Deutschland GmbH) on behalf of individuals diagnosed with M. Chimaera after having open-heart surgery. The Stockert 3T heater-cooler system lawsuit allege that the device was designed and manufactured with defects that were recognized as a potential source of infection as early as 2002.
Furthermore, the 3T Stockert heater-cooler system lawsuit alleges that even though Liva Nova PLC knew or should have known of these defects, they failed to warn patients and medical providers of the risk. In fact, there have been 15 versions of the “instructions for use” (IFU) sent to medical professionals with the Stockert 3T heater-cooler device and none of them have a validated cleaning and disinfection procedure.
Have you seen a Heater Cooler Systems Commercial?
Did a recent 3T systems commercial grab your attention? Did you find our site because you were wondering if you qualify for the Heater Cooler System lawsuit?
We built the Instant Case Evaluator as a no cost/no obligation place for you to find answers about your legal rights. If you found us today, you are looking for instant answers to whether you should file a lawsuit and we want to help you. We believe that in order for you to make important decisions about your health and your legal rights, you need to start with information. We provide you this valuable information so you are prepared to talk to a lawyer
Is there a Heater Cooler System Class Action?
We often hear injured people refer to their personal injury case as a “class action” because their case was grouped together in a lawsuit with other injured people. This is most often NOT the case. We are not filing a heater cooler system class action. Often, individual cases are grouped together so the attorneys and judge can address common procedural issues initially, saving time for the injured parties and the court, but this is very generally referred to as a “mass tort.”
A Mass tort refers to civil actions involving numerous plaintiffs against one or a few corporate defendants in state or federal court. Class actions are mass torts that are generally used on financial losses and multidistrict litigations (MDL) are generally used on personal injury claims, often in product liability cases. As generally defined, there is no heater cooler system class action, it is more commonly referred to as a “mass tort”.
MDL is a procedural tool used when plaintiffs have incurred injuries from products manufactured by the same defendant(s). Even when plaintiffs incur injuries from the same defendant(s), the amount of damages they may recover for those injuries are often substantially different from other plaintiffs included in the same lawsuit.
It is important to understand that mass tort cases are an effective tool to getting the attention of the large drug and device companies. MDLs assist lawyers in determining exactly what the drug and device companies knew about the risks their products caused and whether or not they should have warned consumers. Too often, consumers believe that they can file a single lawsuit and get the attention of big drug companies. This is very hard to do.
Technically, MDLs do not happen until a judicial panel transfers individual cases to a single court. Depending on when your lawsuit is filed, you may find yourself automatically transferred to the MDL court or you may wait to learn when and if the JPML believes an MDL is the proper venue for the mass tort.
But, rest assured, even if your case is included in an MDL (as opposed to a heater cooler class action), TruLaw lawyers will treat your injuries, your medical history and your financial needs separately. We are aware that not all cases are the same.
Has There Been a Heater Cooler System Settlement?
We understand the frustration in waiting to hear about settlements in product liability lawsuits. Unfortunately, in drug and device cases, we have no choice but to sue some of the most profitable companies in the world. Big Pharma has deep pockets and lawsuits are a cost of doing business for them. They are not inclined to settle until it makes business sense to them. There is currently no heater cooler system settlement.
TruLaw lawyers building our cases with an eye on winning in court as well as settlement, when we believe that is the best result for our clients. We will never settle without advising you of your options, and we will keep you posted on our progress and the possibility of any heater cooler system settlement as we move forward.
How Can a Heater Cooler System Lawsuit Help?
Your lawsuit is designed to help you financially recover from injuries that were caused by someone else. We hope putting your trust in TruLaw will take away your concern of protecting your legal rights., but it is most important to us that you spend your time recovering physically.
Your lawsuit should assist in covering your medical bills, the amount of income and benefits that you lost as a result of your injury and, if your injuries are permanent, we will look to recover for your permanent disfigurement.
In addition, it is always our hope that your lawsuit will help us to remove dangerous drugs, toxins and devices from the market. We are not only lawyers, but also safety advocates that believe in getting information out to the public so no more people are injured. We hope you will join us in the role as a safety advocate.
How Do I Pick a Heater Cooler Lawyer?
Sometimes you need a lawyer near you and sometimes its best to hire a lawyer based on the lawyer’s resources and experiences.
The right lawyer for mass-tort litigations may not be your local lawyer. Mass tort cases filed all over the country are often consolidated into a single courtroom in order to move the many lawsuits through the courts in the most effective and efficient way. A lawyer experienced with the multidistrict litigation process with the ability to represent clients in all 50 states, is likely to be a good fit for mass tort litigation.
TruLaw is not afraid to take on the largest drug and medical device companies in the world. We work with trusted legal affiliates to make sure that TruLaw clients have the resources and experiences needed to hold big business accountable when they put profits over people.
Heater Cooler System Lawsuit is a good resource for anyone that believes they were injured by a 3T systems cooler system and may be considering a Heater Cooler System class action or curious about future Heater Cooler System settlement.
