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Schachter, Hendy & Johnson PSC Lawyer Says Cochlear Implant Victims Should Know Their Legal Rights
Date:5/18/2013

, vomiting and emotional distress after receiving an allegedly defective Advanced Bionics HiRes90K cochlear implant in February 2006 – about six weeks before the device’s manufacturer announced a voluntary recall of the device, according to an April 18, 2013 article in USA Today.

In a lawsuit litigated in the U.S. District Court for the Western District of Kentucky (No. 3:11-cv-00450-TBR), the family alleged that, due to a manufacturing defect, the girl’s implant contained a level of moisture that was dangerously in excess of the amount allowed by the U.S. Food and Drug Administration (FDA). The device needed to be surgically removed, the lawsuit alleged.

Last month, a jury awarded a $7.24 million verdict to the family, which included $6.25 million in punitive damages and $994,000 in compensatory damages. Switzerland-based Sonova Holding AG, which acquired Advanced Bionics in 2009, issued a statement saying that it would consider an appeal of the verdict.

In an April 18, 2013 article, Bloomberg News reported that, to date, more than 1,000 of the devices have malfunctioned, giving it a failure rate of about 40 percent.

About Schachter, Hendy & Johnson PSC

Schachter, Hendy & Johnson PSC represents clients in Kentucky and across the United States in product liability claims involving defective medical devices and dangerous drugs, including defective cochlear implants. The firm is located at 909 Wrights Summit
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