Pages: [1]   Go Down
Print
Author Topic: Check out these Lawyers  (Read 16695 times)
0 Members and 1 Guest are viewing this topic.
MissJennie
Full Member
***

Karma: +2/-0
Offline Offline

Posts: 157


WWW
« on: August 04, 2008, 10:30:00 AM »

http://www.ppl-law.com/vns_litigation.html

Please check this web site out, and sites on this page

Jennie
Logged

Implanted April 2006 for TRD
Explant July 23, 2008, Coil left in Sad
Birdbomb
Head Cheese
Administrator
Hero Member
*****

Karma: +9/-1
Online Online

Posts: 7792


Head Cheese


WWW
« Reply #1 on: August 04, 2008, 01:11:40 PM »

OH Yeah!  GREAT find this gets a sticky!


Quote
IMPORTANT ADVISORY -
DISAPPOINTING NEWS FOR THOSE INJURED BY VNS
VNS
cannot be maintained due to Federal Preemption.
Click to read decision of Riegel v. Medtronic

Medical Device Consumer Class Action: Vagus Nerve Stimulator (VNS)

 
Thank you for visiting our web page for the class action litigation against Cyberonics Inc. for falsely marketing and selling their VNS device for Treatment-Resistant Depression (TRD). Pomerantz Perlberger & Lewis LLP has filed a Federal Complaint to seek compensatory and punitive damages on behalf of consumers suffering from depression that have purchased the device and had it surgically implanted. See Press Release

There is simply no credible evidence to support the marketing, promotion and sale of the VNS device for TRD and Cyberonics' marketing with claims of projected success are false, misleading and harmful. While the device has been approved by the Food and Drug Administration, a United States Senate Finance Committee Report concluded that when the FDA approved VNS for TRD, it overruled more than twenty FDA officials who had reviewed the data and recommended against approval. On September 6, 2006 Public Citizen, a consumer advocacy group with 98,000 members, filed a Petition to the FDA to Reverse Approval of the vagus nerve stimulation device for the management of treatment-resistant depression because the device has not demonstrated a "reasonable assurance that the device is safe and effective." Public Citizen accuses Cyberonics of perpetrating a "cruel hoax" on patients with TRD. These are people who are at their last resort in seeking a cure for overwhelming depression.

Senate Committee Concluding Observations
Both the Washington Post, "Mood Machine" Sandra Boodman March 2006 and the New York Times, "Battle Lines for Treating Depression" Barnaby J Feder September 2006 have published articles questioning whether Cyberonics VNS device should be used in treating TRD. Other relevant information is found on Deborah Gray's Blog about Depression and the following Public Citizen links:

Commenting on Inadequacy of Studies
Requesting Medicare Deny Payment
Requesting Stop Advertising on WebMD web site
Internet News of Filing of VNS Class Action
Federal Complaint
Federal Judge Denies Motion to Dismiss VNS Class Action

Please read their page
« Last Edit: August 04, 2008, 01:14:42 PM by Birdbomb » Logged

"If you are going through hell, keep going." (Sir Winston Churchill, 1874-1965)
VNS implanted Sept 02, turned off Dec 04, Generator ex-planted Nov 07
Electrodes are in me for LIFE!
Dispatch
Riding Shotgun
Global Moderators
Hero Member
*****

Karma: +14/-3
Offline Offline

Posts: 2263



« Reply #2 on: August 04, 2008, 02:31:33 PM »

:D I've got inside scoop on these attorneys and they are pretty good.

Dispatch
« Last Edit: August 04, 2008, 06:35:43 PM by Birdbomb » Logged

VNS for TRD implant November, 2006.  Complete device removal including coils April, 2008.

"I reckon it's again my turn to win some or learn some..." Jason Mraz

ALL MY POSTINGS ON THE VNS MESSAGE BOARD ARE NON-TRANSFERABLE
kathie
Newbie
*

Karma: +1/-0
Offline Offline

Posts: 34


« Reply #3 on: August 06, 2008, 12:38:36 PM »

Are these the attorneys in Philly? Also, could this lawsuit be for anyone who was hurt by the VNS, whether or not is was input for TRD or Epilepsy?  Please keep me informed as I am a fighter for the rights of my daughter Lauren and unless I die, I will never give up trying to make Cyberonics take responsibility for what their product did to her.  Kathie mom of Lauren
Logged
gel61820
Moderators
Hero Member
*****

Karma: +2/-0
Offline Offline

Posts: 1013


WWW
« Reply #4 on: August 06, 2008, 01:18:54 PM »

I would hope that these attorneys would also take on those of us here on the forum who have VNS implanted for epilepsy.  I personally would like to see it possible to have Cyberonics pay for VNS explantations.
Logged

"Do not go where the path may lead, go instead where there is no path and leave a trail." Ralph Waldo Emerson

VNS implanted July 2007 for Epilepsy.  Activated August 2007.  No success, so VNS was turned off in August 2008 and COMPLETELY removed (including coils) on Nov 25, 2008.
Dispatch
Riding Shotgun
Global Moderators
Hero Member
*****

Karma: +14/-3
Offline Offline

Posts: 2263



« Reply #5 on: August 07, 2008, 05:46:46 AM »

Quote
I would hope that these attorneys would also take on those of us here on the forum who have VNS implanted for epilepsy.  I personally would like to see it possible to have Cyberonics pay for VNS explantations.
Good question...I'm not sure...the ad says TRD, but a call to them would answer that question : g :

OH, and I noticed the smiley behind my screen name was changed in my above post...WHO DID THAT???  I looked thru the smiley's and didn't find that one, so who's holding out on the detective smiley?  HAHA!!

Dispatch B)
Logged

VNS for TRD implant November, 2006.  Complete device removal including coils April, 2008.

"I reckon it's again my turn to win some or learn some..." Jason Mraz

ALL MY POSTINGS ON THE VNS MESSAGE BOARD ARE NON-TRANSFERABLE
oreo
Moderators
Hero Member
*****

Karma: +5/-0
Offline Offline

Posts: 595


WWW
« Reply #6 on: August 07, 2008, 08:49:11 AM »

This is the group Mick and I have been in contact with.  Unless I have seriously misunderstood something...they have put that class action suit on hold due to the Riegel v. Medtronic stuff.

If you guys find out differently....let us know!
Logged

The most successful people are those who are good at plan B.
~James Yorke~
Dispatch
Riding Shotgun
Global Moderators
Hero Member
*****

Karma: +14/-3
Offline Offline

Posts: 2263



« Reply #7 on: February 20, 2009, 05:32:39 AM »

:D

There is a loop-hole in the Reigel VS Medtronics decision.  What I mean by that is there are some things the Supreme Court did not rule on regarding litigation against device manufacturers.

B)
Logged

VNS for TRD implant November, 2006.  Complete device removal including coils April, 2008.

"I reckon it's again my turn to win some or learn some..." Jason Mraz

ALL MY POSTINGS ON THE VNS MESSAGE BOARD ARE NON-TRANSFERABLE
gel61820
Moderators
Hero Member
*****

Karma: +2/-0
Offline Offline

Posts: 1013


WWW
« Reply #8 on: February 21, 2009, 03:55:10 AM »

Hmmm, interesting news Dispatch.  Could it be that medical device manufacturers are going to be held accountable?  I can't let it go without saying that sometimes I really think the tail is wagging the dog in regards to this issue.  The fact that money has been the driving force for these manufacturers, I can't help but wonder how much they would spend to keep patients in the dark as to knowing those loopholes.  

 
Logged

"Do not go where the path may lead, go instead where there is no path and leave a trail." Ralph Waldo Emerson

VNS implanted July 2007 for Epilepsy.  Activated August 2007.  No success, so VNS was turned off in August 2008 and COMPLETELY removed (including coils) on Nov 25, 2008.
Dispatch
Riding Shotgun
Global Moderators
Hero Member
*****

Karma: +14/-3
Offline Offline

Posts: 2263



« Reply #9 on: February 21, 2009, 03:03:38 PM »

:D HI Gel!

You've mentioned some good points.

The way I am understanding it, the Supreme Court did not rule on breach of warranty, product liability, and I also think negligent manufacturing-like if the person putting the device together puts a wad of gum where part A is supposed to go.  I will stand corrected if I'm wrong.  I think in some aspects device manufacturers can and will be held responsible providing the plantiff/attorney proves their case.

B)

 
Logged

VNS for TRD implant November, 2006.  Complete device removal including coils April, 2008.

"I reckon it's again my turn to win some or learn some..." Jason Mraz

ALL MY POSTINGS ON THE VNS MESSAGE BOARD ARE NON-TRANSFERABLE
oreo
Moderators
Hero Member
*****

Karma: +5/-0
Offline Offline

Posts: 595


WWW
« Reply #10 on: February 23, 2009, 08:48:30 AM »

This info is coming from a fuzzy place in my mind...a conversation with someone I had a long time ago.

I also think there is some possibility of a class action suit regarding false advertising.  It would be so difficult, because much of what Cyberonics promised was done verbally, one on one with a potential client.  Not much in writing.

The two areas that affected me:

1) They told me as I know they told MANY others that the total cost of device, hospital, doctor's fees would be about $25,000

2) They told me ONLY the battery needs replacement every 3-8 years.  I spefically asked them whether there would need to be a new generator and they said NO. I made notes at the time.  I know that would still have required surgery...but since they charge $25,000+ for the generator...that's a huge chunck of $$$ above what they said.

We will see what the future brings...Oreo
Logged

The most successful people are those who are good at plan B.
~James Yorke~
Birdbomb
Head Cheese
Administrator
Hero Member
*****

Karma: +9/-1
Online Online

Posts: 7792


Head Cheese


WWW
« Reply #11 on: February 23, 2009, 01:10:41 PM »

It's understandable that each hospital creates their own mark-up and even a ball-park guess-ta-mation is acceptable, but when the actual costs are triple, quadruple and more, then it's no longer a "rough guess"  It's deliberate misrepresentation of the actual costs.  If you get your car worked on in the state of Nevada and you get a written estimate, they cannot go over that estimate by more than $15.  Sure would be nice to have that kind of compliance with the medical industry.  (baring complications, of course)

Somewhere down the road, this may become an actuality, seeing how meical costs are staggering.  I don't know if there are any regulations on the amount of mark-up.
Logged

"If you are going through hell, keep going." (Sir Winston Churchill, 1874-1965)
VNS implanted Sept 02, turned off Dec 04, Generator ex-planted Nov 07
Electrodes are in me for LIFE!
Dispatch
Riding Shotgun
Global Moderators
Hero Member
*****

Karma: +14/-3
Offline Offline

Posts: 2263



« Reply #12 on: March 04, 2009, 02:40:29 PM »

:D HI Ya Oreo & Birdbomb...

I was told about the same as you, as well we many others here, and many more we don't even know about.  But, like you said, it was verbal, so it could possibly be hard to prove.  On the other hand, in their marketing and in many articles, it quotes the VNS and implanting charges as $25,000.  So, with that in mind, it may help making that point fairly easy to prove.

I am hoping some day soon there will be regulations regarding markup.

To make sure I was understood in my earlier post, the way I understand it, some product liabilities were not covered by the Supreme Court ruling.  If anyone has a chance to read the Reigel VS. Medtronics ruling, it is very informative and interesting.

Take care!
B)
Logged

VNS for TRD implant November, 2006.  Complete device removal including coils April, 2008.

"I reckon it's again my turn to win some or learn some..." Jason Mraz

ALL MY POSTINGS ON THE VNS MESSAGE BOARD ARE NON-TRANSFERABLE
labrat
Global Moderators
Hero Member
*****

Karma: +7/-0
Offline Offline

Posts: 2547



WWW
« Reply #13 on: March 05, 2009, 03:48:39 AM »

My physchiatrist is thrilled with my outcome with the VNS. All the while I knew he was getting a kickback from Cyberonics.
Logged

Dispatch
Riding Shotgun
Global Moderators
Hero Member
*****

Karma: +14/-3
Offline Offline

Posts: 2263



« Reply #14 on: March 05, 2009, 03:00:05 PM »

Quote
My physchiatrist is thrilled with my outcome with the VNS. All the while I knew he was getting a kickback from Cyberonics.
 :D HI Labrat!

OMG really?

B)
Logged

VNS for TRD implant November, 2006.  Complete device removal including coils April, 2008.

"I reckon it's again my turn to win some or learn some..." Jason Mraz

ALL MY POSTINGS ON THE VNS MESSAGE BOARD ARE NON-TRANSFERABLE
labrat
Global Moderators
Hero Member
*****

Karma: +7/-0
Offline Offline

Posts: 2547



WWW
« Reply #15 on: March 06, 2009, 03:28:40 AM »

Really, I was implanted in 2005. That was in the early stages of the VNS. They were getting kickbacks to push the product.

 I even have friends that use the same doctor, they were implanted during a trial and PAID to do it!! Implanted for free and paid monthly to have it.
Logged

Dispatch
Riding Shotgun
Global Moderators
Hero Member
*****

Karma: +14/-3
Offline Offline

Posts: 2263



« Reply #16 on: March 06, 2009, 05:37:37 AM »

:D HI Labrat!

So they paid to be adjusted while they were in the trial or after?  I thought that Cyberonics paid for all of that while you were in the trial.

B)  
Logged

VNS for TRD implant November, 2006.  Complete device removal including coils April, 2008.

"I reckon it's again my turn to win some or learn some..." Jason Mraz

ALL MY POSTINGS ON THE VNS MESSAGE BOARD ARE NON-TRANSFERABLE
labrat
Global Moderators
Hero Member
*****

Karma: +7/-0
Offline Offline

Posts: 2547



WWW
« Reply #17 on: March 06, 2009, 08:39:06 AM »

Cyberonics DID pay them and for the adjustments.
Logged

Dispatch
Riding Shotgun
Global Moderators
Hero Member
*****

Karma: +14/-3
Offline Offline

Posts: 2263



« Reply #18 on: March 06, 2009, 04:18:50 PM »

:D HI Labrat!

OK Gotcha...I misunderstood ya...

B)
Logged

VNS for TRD implant November, 2006.  Complete device removal including coils April, 2008.

"I reckon it's again my turn to win some or learn some..." Jason Mraz

ALL MY POSTINGS ON THE VNS MESSAGE BOARD ARE NON-TRANSFERABLE
JoshMom
Newbie
*

Karma: +4/-0
Offline Offline

Posts: 3


« Reply #19 on: October 07, 2011, 04:40:27 AM »

I contacted these lawyers and told them my story, this was their reply

Thank you for your inquiry.    Unfortunately, the cases we had against Cyberonics were overturned on a Summary Judgment motion, and that ruling was not reversed on appeal. 
I do wish you luck if you are able to secure an attorney to pursue your claim.

Nina Tafel for Pennsylvania Litigation Group


JoshMom
Logged
Pages: [1]   Go Up
Print
Jump to: