Cochlear Implant Recall

Cochlear Implant Lawyer

The product liability lawyers at SHOOP | A PROFESSIONAL LAW CORPORATION handle defective cochlear implant cases nationally.

From the thousands of hours we have spent with our cochlear implant clients, we understand that experiencing a failure of one of these devices is a very challenging time - both physically and financially.

What is a Cochlear Implant?

The purpose of an implant is not to restore normal hearing. The device presents sound in the environment in a useful way and makes speech more accessible to people who experience deafness or are hard of hearing. People who experience deafness or are hard of hearing can get a sense of sound through the small and complex electronic device.

Two parts of the implant are placed under the skin, one behind the ear and one under the skin.

Cochlear Implants Have 4 Parts:

  1. Microphone - Picks up sound.
  2. Speech Processor - Selects and arranges sounds picked up by the microphone.
  3. Transmitter & Receiver/Stimulator - Receives signals and converts them into electric impulses.
  4. Electrode Array - Collects impulses and sends them to different regions of the auditory nerve.

Surgical Process

The surgical process of cochlear implants involves several steps and requires careful planning and precision. Here is an overview of the typical procedure:

Pre-Surgical Preparation

  • Evaluation: Candidates undergo a thorough evaluation, including hearing tests, imaging scans (CT or MRI), and a medical examination to ensure they are suitable for the implant.
  • Counseling: Patients and their families receive counseling about the benefits, risks, and expectations of the surgery and post-operative rehabilitation.

The Surgical Procedure

  • Anesthesia: The patient is placed under general anesthesia to ensure they are unconscious and pain-free during the procedure.
  • Incision: The surgeon makes an incision behind the ear to access the mastoid bone.
  • Mastoidectomy: A small portion of the mastoid bone is drilled away to create a pathway to the inner ear.
  • Cochleostomy: A tiny hole is made in the cochlea to insert the electrode array. Alternatively, the electrode array may be inserted through the round window of the cochlea.
  • Electrode Insertion: The electrode array is carefully threaded into the cochlea. This array stimulates the auditory nerve fibers to transmit sound signals to the brain.
  • Internal Device Placement: The internal receiver-stimulator, which is connected to the electrode array, is secured in a small pocket created in the skull bone.
  • Testing: Before closing the incision, the surgeon tests the device to ensure it is functioning properly.
  • Closing the Incision: The incision is closed with sutures, and a bandage is applied to protect the surgical site.

Post-Surgical Care

  • Recovery: Patients are usually discharged the same day or after an overnight stay, depending on their individual recovery.
  • Healing: The surgical site needs time to heal, typically a few weeks, before the external components of the cochlear implant can be fitted.
  • Initial Activation: Once the surgical site has healed, the external speech processor is fitted and activated. Audiologists program the device, tailoring the settings to the patient's needs.
  • Rehabilitation: Patients undergo auditory rehabilitation, including therapy and training, to learn how to interpret the sounds from the implant.

Follow-Up

  • Regular Check-Ups: Patients have regular follow-up appointments to monitor the implant’s performance and make necessary adjustments.
  • Mapping Sessions: The programming (mapping) of the cochlear implant may be adjusted periodically to optimize sound quality and performance.

Relentlessly Pursuing the Best Possible Outcome

We've Recovered Hundreds of Millions for Our Clients
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    $30m Product Liability Verdict
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    $24m Wrongful Death Settlement
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    $14m Medical Device Settlement
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    $13.5m Personal Injury
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    $12m Child Wrongful Death
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    $11m Personal Injury

Why Some Cochlear Implants Are Bad

While these devices can be life-changing, they are not without their potential defects and complications. Here are some common issues associated with cochlear implants:

  • Device Failure: Internal components of cochlear implants can fail due to moisture ingress, manufacturing defects, or wear and tear, leading to device malfunction. External components like the speech processor or cables can also fail, necessitating repairs or replacements.
  • Electrode Array Issues: The electrode array, surgically implanted in the cochlea, can migrate from its original position, affecting sound quality. Electrodes can also break or malfunction, reducing the implant's performance.
  • Battery Problems: Users may experience shorter than expected battery life, requiring frequent replacements or recharging. In rare cases, batteries can leak, potentially damaging the device and causing harm to the user.
  • Software and Programming Issues: Suboptimal programming, known as mapping, can affect sound quality, and software bugs in the speech processor firmware can lead to malfunctions. Proper calibration and updates are essential for optimal performance.
  • Surgical Complications: There is a risk of infection at the surgical site, which can lead to further complications and possibly require device removal. Additionally, the delicate nature of the surgery can result in facial nerve damage, causing facial paralysis or other issues.
  • Biocompatibility Issues: Although rare, the body can reject the implant, causing inflammation and other complications. Users may also experience skin irritation or allergic reactions to materials used in the external components.
  • Performance Variability: Some users may not experience the expected improvement in sound quality or may have difficulty adjusting to the new way of hearing. Environmental factors such as humidity, static electricity, and electromagnetic interference can also affect performance.
  • Device Compatibility: Older models of cochlear implants may not be compatible with newer external components, requiring complete device replacements. Users may also experience interference with other electronic devices, affecting the implant's performance.
  • Psychological and Social Issues: Users may face a significant adjustment period and struggle with the psychological impact of relying on a medical device for hearing. Additionally, there can be social stigma associated with using visible external components of the device.

We also know from our years of experience representing our clients who have struggled with these defective implants that they often can suffer from painful shocking sensations, loss of communication and hearing, social isolation, balance issues and the frustration of periods of intermittent functionality before the device fails entirely.

Why Choose Our Cochlear Implant Lawyers in Los Angeles

For parents, watching their child suffer the negative effects from a defective cochlear implant and then watching their child endure an unnecessary surgery to replace the defective implant can be devastating. We know all too well what are clients experience and we are here every step of the way to offer guidance, preserve evidence, prosecute the claim and secure the compensation they deserve.

Cochlear implants have been the subject of several FDA Voluntary Recalls and Field Corrective Actions.

These include:

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Our Impressive Track Record We Win...A Lot!

In the last 14 years, Shoop & team's impressive track record includes hundreds of Product Liability cases resulting in verdicts or settlements exceeding $1 million. For a Product Liability team with an exemplary track record, clients choose Shoop.

Helping Victims of Defective Cochlear Implants

The defective product attorneys at Shoop | A Professional Law Corporation continue to successfully represent injured consumers throughout the nation with regard to defective and recalled cochlear implants.

Who We Are ― And Why It Matters

No other law firm in the nation handles more cochlear implant cases than we do meaning no other law firm in the nation is as familiar with and understands the legal, engineering and medical issues surrounding these defective implants like us. Our firm has successfully represented cochlear implant victims both nationally and internationally.

Given our extensive knowledge of these products, not to mention our extensive product liability experience, there is no other law firm you should trust to handle your defective product case. Our primary goal is to achieve the maximum compensation available for victims of these implants, and we will not stop until we do.

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Contact Our Cochlear Implant Lawyer in Los Angeles

If you or your child has suffered an injury caused by a defective and/or recalled cochlear implant, contact us now for a FREE legal consultation and a FREE medical record review to determine if you have a claim. Reach us online or by phone at (866) 884-1717. You have nothing to lose, so call us today and learn how we can help you and your family seek the justice you deserve.

Cochlear Implant Settlements

Lastly, in our experience with these cochlear implant manufacturers, they will sometimes attempt to negotiate a settlement with you before you contact an experienced cochlear implant lawyer. Sometimes implant recipients contact us after they sign a release with the manufacturer.

Please note that signing a release or a waiver without having a lawyer review its terms could negatively affect your ability to recover in a lawsuit or claim against the company in the future. In sum, it is very important NOT to attempt to negotiate a settlement on your own with the company. It is equally important NOT to sign anything that could affect your future rights to recovery.

It is best to contact the experienced cochlear implant lawyers at SHOOP | A PROFESSIONAL LAW CORPORATION before you have any dealings with the cochlear manufacturers related to the settlement of your claim.

No other law firm has the breadth of experience or knowledge that we do regarding these failed cochlear implants and we will take all necessary steps to ensure that you receive maximum compensation for your injuries.

Call us and speak with an experienced cochlear implant lawyer today to discuss your legal rights at (866) 884-1717

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